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WHAT TYPE OF LAWYER COULD HELP ME IN A SELF DEFENCE CASE ?

  • Writer: leadindia422
    leadindia422
  • Aug 6, 2024
  • 4 min read

Self Defence Laws Have Been Provided Which Apply To Every Citizen Of India. However, The Defence Of This Provision Of Law Is Not So Simple In India. Various Factors Have Been  Provided Which Are Required To Be Considered Before One Can Be Said To Be Legally Immune To The Act He/She Has Done Self Defence. 

Various Parameters Or Conditions Have Been Provided By The Legislation When It Comes To The Law Of Self Defence In India. It Must Be Understood That  There Is A Very Thin Line Between Culpable Homicide And The Right To Self-Defence Depending Upon The Facts Of The Matter. 

Self Defence Law Of India


The Protection Of The Citizens Against Any Unlawful Attack On Individual Or Their Property Is The Responsibility Of The State. However, The Resources Of The State Are Not Huge Enough To Look After And Protect Every Single Individual Every Single Time. Hence, The Individuals Are Provided With The Right To Defend Themselves Or Their Property Against Any Illegal Attack.

 

  • Section 96-106 Of The Ipc- Termed As ‘private Defence’ Instead Of ‘self Defence’, These Provisions Are Related To Both Person And Property. These Sections Of The Ipc Provide Various Conditions As Well As Exceptions On Which Private Defence Laws Are Built. 

  • As Provided Under Section 100 Of The Ipc, A Criminal Could Be Fatally Attacked As Provided Under The Right Of Private Defence Of The Body Extending To Cause Death Including Voluntarily Causing Death Or Any Other Kind Of Harm To The Assailant.

  • In The Case Of Kidnapping, One Can Attack His Assailant Fatally In Case There Is Any Intention Of Rape Or Kidnapping. While Wrongfully Confining A Person Which May Lead To Apprehension That The Victim Will Be Unable To Contact Public Authorities For Release, The Victim, In Such A Situation Can Also Knock The Assailant Dead If He/She Is Apprehensive Of A Blow Or Injury To Him/Her, Though The Assailant  May Not Have Inflicted Any Blow Or Injury. 


Self-Defence Is The First Step To Lawfulness-


In His Book By The Name Of The ‘penal Law Of India’, Hari Singh Gour Has Aptly Observed That “Self Help Is The First Rule Of Criminal Law”. In His Book Called ‘principles Of Penal Laws’, Bentham Observed That “The Right Of Self Defence Is Absolutely Necessary”. The Principle Of Self Defence Is Based On The Cardinal Principle Of- ‘it Is The Duty Of A Man To Help Himself’. 


As Provided By 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 Has Been Threatened. 


The Courts Are Of The Opinion That It Would Be Unrealistic To Expect Of A Person Under An Assault To Modulate His Defence Step By Step According To Attack. 


The Right To Private Defence Is Preventive And Not Punitive- 


In  Darshan Singh V State Of Punjab, Following Principle Were Provided By The Supreme Court To Govern The ‘right To Private Defence’-

  • The Right To Private Defence Can Be Used Only In The Case If The Person Is Under Necessity To Tackle The Danger 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 Who Is Under Assault Cannot Be Expected To Use His/Her Defence In A Step By Step Manner. 

  • In The Event Of A Private Defence, The Force Used By The Accused Should Be Reasonable And Necessary For The Protection Of Property Or The Person. 

  • Even If The Accused Has Not Plead Self Defence, The Court Can Also Consider The Chances Of Existence Of Such Circumstances Depending Upon The Material On Record. 

  • As Provided Under The Ipc, The Right Of Private Defence Exists Only Against An Offence. 

  • If A Person Is Under Imminent And Reasonable Danger Of Losing His Life Or Limb, He Can Exercise The Right Of Self Defence To Inflict Any Harm Which Could Extend To The Death Of His Assailant. 


Conclusion- 


It Can Be Deduced From The Above Discussion That The Right To Self Defence Does Not Mean A Right To Launch An Offence, When There Is No Need To Defend. The Right To Self Defence Must Be Exercised Directly In Proportion To The Extent Of Aggression. To Have A Better Understanding Of The Legal Provisions Involved, 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 Would Be Favourable 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 Laws. Hence, In Case You Wish To Talk To A Lawyer Or Seek Legal Advice Online In Regards To The Right Of Private Defence, You May Contact Us.



Visit us: — www.leadindia.law

Call Us: +91–8800788535


 
 
 

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