Self defence laws in India have been provided, which apply to every citizen of this country. However, following these laws is not so simple. Various factors are required to be considered before one can be said to be legally immune for the act he/she has done, in self defence.
Various parameters or conditions provided when it comes to the law of self defence in India. It should be understood that there is a very thin line between culpable homicide and the right to self-defence depending upon the complication of the crime committed.
Self defence law of India
It is the state’s responsibility to protect its citizens against any such unlawful attack on them or their property. However, the state’s resources could not be huge enough to look after and protect every single individual every moment. Hence, the individuals are provided with the right to defend himself or his property against any such illegal attack.
Section 96-106 of the IPC- known as ‘private defence’ instead of ‘self defence’, the law involves both person and property. These Sections of the IPC impose numerous conditions and exceptions on which private defence laws are built.
Provided under Section 100 of the IPC, a criminal could be fatally attacked in case when the right of private defence of the body including voluntarily causing death or any other kind of harm to the assailant.
For example, in the case of Kidnapping, one can fatally attack his assailant if there is any intention of rape or kidnapping. Wrongfully confining a person, leading to the apprehension that he would be unable to contact public authorities for release. The victim could also knock the assailant dead in case he/she is apprehensive of a blow or injury to him/her, even if the assailant may not have inflicted any blow or injury.
Self-defence is the first step to lawfulness-
In his book ‘Penal Law of India’, it has been aptly observed by Hari Singh Gour that “self help is the first rule of criminal law”. Also, in his book ‘Principles of Penal Laws’, Bentham observed that “the right of self defence is absolutely necessary”. The principle of self defence has been based on the cardinal principle that it is the duty of a man to help himself.
As provided under Section 99 of the Code, an injury inflicted by a person exercising the right of private defence must commensurate with the injury with which he is threatened.
The courts have observed that it would be unrealistic to expect a person under an assault to modulate his defence step by step in accordance with the attack.
The right to private defence is preventive and not punitive-
In the case of Darshan Singh v State of Punjab, following guidelines were given by the Supreme Court to govern the ‘right to private defence’-
The right to private defence is available only if the person is under necessity to tackle danger against him and not to create it.
A reasonable apprehension would be enough to exercise the right of self defence and should continue till the time the apprehension exists.
A person under assault cannot be expected to use his/her defence in a step by step manner.
In the case of a private defence, the force used by the accused must be reasonable and necessary for the protection of property or the person and not more than the degree of attack against him.
If the accused does not plead self defence, the court may also consider the chances of existence of any such circumstances depending upon the material on record.
As provided under the IPC, the right of private defence exists only against the offence.
If a person is in imminent and reasonable danger of losing his life or limb, he must exercise the right of self defence to inflict any harm which may extend to the death of his assailant.
Conclusion-
It could be inferred from the above discussion that the right of self defence does not mean the right to launch an offence, in a situation where there is no need to defend. The right to self defence must be exercised directly in proportion to the extent of aggression against him/her.
To have a better understanding of the law of self defence, it is advised to seek legal guidance from an experienced criminal lawyer in pune or a criminal lawyer in delhi. Also, in case you are facing a criminal charge, it is thus advised to seek legal guidance from an experienced criminal lawyer in Kolkata or your own city.
Lead India offers you a team of experienced advocates who have been successfully dealing with cases related to criminal law and civil law. Thus, in case you wish to talk to a lawyer or seek free legal advice online in regards to the right of private defence, you may contact us.
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