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  • Read the passage and answer the question that follow. The word 'defamation' is the generic name for the wrong; libel and slander are particular forms of it. In

Read the passage and answer the question that follow.
The word 'defamation' is the generic name for the wrong; libel and slander are particular forms of it. In libel, the defamatory statement is made in some permanent and visible form in writing or otherwise recorded, such as printing, typing, pictures, photographs, caricatures, effigies. In slander, the defamatory statement or representation is expressed by speech or its equivalent. Besides the general defences applicable to all actions in torts, such as limitation, consent, accord and satisfaction, previous judgment, etc., the three special defences available in action for defamation, under the common law, are (1) justification (or truth), or (2) privilege, absolute or qualified, and, (3) fair comment. Truth is a defence in a Civil action, "For the law will not permit a man to recover damages in respect of an injury to a character which he either does not or ought not to possess. In a civil action, the defendant has to plead and prove the truth of the defamatory words, and not merely his belief in their truth, though honest. 'Privilege' is used here in the sense of an excuse or immunity conferred by law on statements or communications made on certain occasions called 'privileged occasions'. A privileged statement, therefore, is one which is made in such circumstances as to be exempt from the rule that a man attacks the reputation of another at his peril, that is, at his own risk. In other words, privilege includes those exceptional cases in which it is not enough, in order to create liability, to prove that the defendant has published a false and defamatory statement. The defendant being privileged, is not responsible for this alone; he is either wholly free from responsibility or is liable only on proof that he was animated by a malicious motive, and not by any genuine intention to use his privilege for the purpose for which the law gave it to him.
Question
The robbers, armed with knives and sticks, entered the house of X. As an act of self defence, X took out his gun and threatened to shoot them. The robbers ran out of the house and started pelting stones. X fired a shot. Having heard the gunshot, the police rushed to the place and announced that the owner must stop firing. The owner suspected that this must be an act of an accomplice and continued to fire due to which a policeman was injured. The robbers meanwhile fled away. Determine the liability of X.

 

 

 

Option: 1

X is liable for shooting a public servant on duty.

 


Option: 2

 X is liable for using excessive force than necessary.

 


Option: 3

X is liable for not calling the police after the robbers fled.

 


Option: 4

Only b) and c) are true.

 


Answers (1)

best_answer

The reason why option a) is not true is that there was no way for X to ensure that the ones who asked him to stop firing were indeed policemen. However, he might be liable for causing hurt. Rest options b) and c) are true as use of force was not necessary when the robbers were outside the house, and X should have called the police immediately.

 

Posted by

Pankaj Sanodiya

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