Principle: The right of private defence does not extend to inflicting more harm than is necessary to repel the attack. Facts: T is slapped by U on the cheek. T draws a knife and fatally stabs U. T's legal position is
ALiable only if T survived
BLiable only if a witness was present
CFully protected by self-defence
DNot protected — the force used (a fatal stabbing) far exceeded the necessity of repelling a slap; the proportionality requirement of Section 99 IPC is violated
Answer & Solution
Correct answer: D. Not protected — the force used (a fatal stabbing) far exceeded the necessity of repelling a slap; the proportionality requirement of Section 99 IPC is violated
Section 99 IPC limits private defence to harm necessary to repel the threat. A fatal stabbing is grossly disproportionate to a slap. T may be charged with culpable homicide; self-defence is not a complete defence.
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