Principle: Right of private defense of body commences as soon as a reasonable apprehension of danger arises and continues as long as such apprehension continues.
Facts: A robber drops his weapon and runs away across the street. The victim shoots the fleeing robber in the back. Is the victim protected by private defense?
Answer and explanation
Correct answer: B. No, the right of private defense ceased once the robber fled and danger ended
- Step 1: Review Section 102 IPC regarding the duration of the right of private defense of body.
- Step 2: The right commences when reasonable apprehension arises and continues only as long as such apprehension of danger continues.
- Step 3: When the robber dropped the gun and fled, all apprehension of danger ceased; shooting him in the back is revenge, not defense.
Answer
No, the right of private defense ceased once the robber fled and danger ended.
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