A, an enemy of B, pointed a toy (false) pistol looking like a real one, at B to scare him. A treating the pistol as real one finds his life in danger and draws out a loaded pistol from his pocket and fires at A, consequently, A dies on the spot…

Question: A, an enemy of B, pointed a toy (false) pistol looking like a real one, at B to scare him. A treating the pistol as real one finds his life in danger and draws out a loaded pistol from his pocket and fires at A, consequently, A dies on the spot. B is prosecuted for the murder of A. B takes the defence that he killed B in the exercise of ‘right of private defence’ as he did not know that the pistol of A was not a real one but a toy. Will B succeed in his defence? Give reasons.

Find the answer to the mains question only on Legal Bites. [A, an enemy of B, pointed a toy (false) pistol looking like a real one, at B to scare him. Will B succeed in his defence? Give reasons.]

Answer

Yes, B will succeed in exercising his private defence against A and is not prosecuted for A’s murder.

The Right to the private defence of a citizen to defend his own person and property or that of others is clearly defined in Section 96 to Section 106 of the Indian Penal Code. Section 96 talks about things done in private defence – Nothing is an offence, which is done in the exercise of the right of private defence.

Section 100, IPC provides that the right of private defence of the body extends to the voluntary causing of death or of any other harm to the assailant if the offence which occasions the exercise of the right be of such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault.

In the present case, when A pointed a fake gun, it was looking like a real one, and the fact that he was an enemy of B cumulatively generated the apprehension of danger of death on B’s mind. In the defense of that apprehension, he pulled out his gun and shot at A, and A died. Here, B has committed no offence, even though A had died because B had no knowledge of the gun being merely a toy. It is immaterial whether the apprehension caused was technically a real one or not, if it is causing apprehension of death or grievous hurt in the mind of a reasonably prudent person, then such person has all the right to save his body in the exercise of his right of private defence under section 100.

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