'Y' picks 'X's pocket Next day, 'X' while buying paan near his office finds 'Y' paying money from his (X's) purse. 'X' catches hold of 'Y' and tries to take back his purse. 'Y' resis. 'X' twists 'Y's' arm with such force that it is broken 'X is charged with causing hurt to 'Y'. In his defence 'X' can:
- (a)say that he was acting under right of private defence of property
- (b)not raise the plea of right of private defence since he had time to wseek the help of public authorities✓
- (c)say that his right of private defence revived as soon as he saw Y with his purse
- (d)say that he did not use more force than was required
Ans. (b) : Chapter 4, Section 105 of the Indian Penal Code 1860 deals with when the right of private defence begins and how long it continues. The present matter is related to theft. Private defence against theft continues: (1) Until the accused with the property goes out of the reach of the person, or (2) Until assistance from public authorities has been obtained, or (3) Until the property has been recovered.
Therefore in the above problem, (A) the pickpocket 'X' has already gone out of reach with the property, so 'X' cannot now take the right of private defence but cannot use private defence. Therefore (b) is correct.