Question:
Principle : Nothing is an offence which is done in the exercise of the right of private defence. Nothing is an offence which is done in madness.
Facts : A, under the influence of madness, attempts to kill B. B to save his life kills A.
This question consists of legal principle(s) (hereinafter referred to as ‘principle‘) and facts. Such proposition may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this section. Principles have to be applied to the given facts to arrive at the most reasonable conclusion. Only one of the alternatives, i.e., (A), (B), (C), or (D) is the most reasonable conclusion. In other words, in answering the following questions, you must not rely on any principle except the principles that are given herein below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your ability in legal aptitude, study of law, research aptitude and problem solving ability even if the ’most reasonable conclusion‘ arrived at may be absurd or unacceptable for any other reason.
Principle : Nothing is an offence which is done in the exercise of the right of private defence. Nothing is an offence which is done in madness.
Facts : A, under the influence of madness, attempts to kill B. B to save his life kills A.
This question consists of legal principle(s) (hereinafter referred to as ‘principle‘) and facts. Such proposition may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this section. Principles have to be applied to the given facts to arrive at the most reasonable conclusion. Only one of the alternatives, i.e., (A), (B), (C), or (D) is the most reasonable conclusion. In other words, in answering the following questions, you must not rely on any principle except the principles that are given herein below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your ability in legal aptitude, study of law, research aptitude and problem solving ability even if the ’most reasonable conclusion‘ arrived at may be absurd or unacceptable for any other reason.
Facts : A, under the influence of madness, attempts to kill B. B to save his life kills A.
This question consists of legal principle(s) (hereinafter referred to as ‘principle‘) and facts. Such proposition may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this section. Principles have to be applied to the given facts to arrive at the most reasonable conclusion. Only one of the alternatives, i.e., (A), (B), (C), or (D) is the most reasonable conclusion. In other words, in answering the following questions, you must not rely on any principle except the principles that are given herein below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your ability in legal aptitude, study of law, research aptitude and problem solving ability even if the ’most reasonable conclusion‘ arrived at may be absurd or unacceptable for any other reason.
Updated On: Jul 15, 2026
- A has committed the offence of attempt to murder
- A has committed an offence of being mad
- B has committed an offence
- B has not committed an offence
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The Correct Option is D
Approach Solution - 1
The correct option is (D): B has not committed an offence.
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Approach Solution -2
The principle protects two situations here, nothing is an offence done in the exercise of the right of private defence, and nothing is an offence done in madness. A, under the influence of madness, tried to kill B, and B killed A to save his own life. Let's examine each option.
- Option A: A has committed the offence of attempted murder: The principle says nothing is an offence when done in madness, and A attacked B while under the influence of madness, so A's attack does not count as an offence under this rule.
- Option B: A has committed an offence of being mad: Being mad is a condition a person is in, not an act they choose to do, and the principle does not make madness itself into an offence.
- Option C: B has committed an offence: B killed A only to save his own life from A's attack, which is exactly the kind of conduct the private defence limb of the principle protects, so B's act does not amount to an offence.
- Option D: B has not committed an offence: B's killing of A was a defensive response to being attacked, aimed purely at saving his own life, and that falls squarely within the private defence protection given by the principle.
B acted only to save his own life from A's attack, and that is protected as an exercise of the right of private defence.
Therefore, the correct answer is B has not committed an offence.
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Approach Solution -3
Break the principle into its two separate limbs, one that excuses acts done in madness, another that excuses acts done in the exercise of private defence, and work out which limb, if any, applies to each party's conduct.
- A has committed the offence of attempt to murder: A's attack on B happened while A was under the influence of madness, which is exactly the first limb of the principle, an act done in madness is not an offence, so this option runs against that limb.
- A has committed an offence of being mad: Madness is a condition a person is in, not an act they choose to perform, neither limb of the principle treats a condition itself as an offence, only certain acts done while in that condition are addressed, so this does not fit either limb.
- B has committed an offence: B's killing of A was done purely to save his own life from A's attack, which is exactly the second limb of the principle, an act done in the exercise of the right of private defence is not an offence, so this option runs against that limb too.
- B has not committed an offence: B's conduct fits the private defence limb precisely, a defensive act aimed at saving his own life from an ongoing attack, so this is what the second limb actually protects.
Sorting the conduct by limb, A's attack falls under the madness protection and B's killing falls under the private defence protection, leaving B free of any offence.
Therefore, the correct answer is B has not committed an offence.
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Top CLAT Legal Studies Questions
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[Extracted with edits and revisions from “Children from void, voidable marriages entitled to parents’ share in ancestral property: Supreme Court”, by Krishnadas Rajagopal, The Hindu, https://www.thehindu.com/news/national/children-from-void-voidable-marriages-arelegitimate-can-claim-rights-in-parents-properties-sc/article67259229.ece ]
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