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RIGHT
OF PRIVATE DEFENCE AGAINST THE ACT OF A PERSON OF UNSOUND MIND, etc
Every
person has an right of private defence against the act, which would otherwise
be certain offence, but is not that offence, by reason of the doer being of unsound
mind, a minor, an intoxicated person, or a person acting under a misconception
of fact.
For Example: Z, under the influence of madness, attempts
to kill B; Z is guilty of no offence. But B has the same of private defence which
he would have if Z were sane.
PUNISHMENT The punishment would
depend upon the discretion of the court, which after satisfying itself that there
was other option left, than to exercise the right of private defence.
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