Question
Legal Studies Question on Legal Propositions and Reasonings
Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : Necessity knows no law, and any person facing danger may do all that is necessary to avert the same till he can make recourse to public authorities.
FACTUAL SITUATION : Akshay, a law abiding citizen decided to remove the weed of corruption from Indian society. One day, confronted with a bribing official, Akshay decided to teach him a lesson and punched him on his face.
DECISION :
Akshay can plead defense of necessity as bribing is a crime
Akshay cannot plead defense of necessity as there was no necessity to act in the manner he acted.
Akshay can plead defense of necessity as aware and vigilant citizenry forms the basis of a good democracy.
Akshay can plead defense of necessity as there was no time to take recourse to public authorities.
Akshay cannot plead defense of necessity as there was no necessity to act in the manner he acted.
Solution
The correct option is (B): Akshay cannot plead defense of necessity as there was no necessity to act in the manner he acted..