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Robbers, armed with knives and crowbars, broke the access door of a house and entered it. The owner of the house took out his gun and threatened to shoot them. The robbers ran out of the house and started pelting stones. The owner opened fire. Having heard the gun shot, the police rushed to the place and announced that the owner must stop firing. The owner, suspecting mischief continued to fire and a policeman was injured by a shot. The robbers meanwhile fled. The owner was sued for attacking a public servant on duty.
The owner shall be liable for causing harm, in excess of what is necessary for self defence.
The owner shall not be liable for attacking the public servant as such, though he may be held liable otherwise.
The owner's action is justified by the consideration of self defence.
None of the above
Answers (1)
Self defence is considered as a universal exception for intentionally causing harm. Self-defence can be used as a justification or defence in situations where a person reasonably believes they are facing an immediate threat of harm and use reasonable force to protect themselves. The force used must be proportionate to the threat faced. In the present case the owner was not facing immediate threat and hence he will be held liable. Hence the correct option is a.
