Skip to main content

RIGHT TO PRIVATE DEFENCE

 RIGHT TO PRIVATE DEFENCE

Crime is seen as the international commission of an act usually deemed socially harmful or dangerous and specifically defined, prohibited, and punishable under criminal law. 

Crime is also defined as an illegal act for which someone can be punished by the government especially; a gross violation of the law.

Criminal behavior is defined by the laws of particular jurisdictions and there are sometimes vast differences between and even within countries regarding what types are prohibited. Conduct that is lawful in one country or jurisdiction may be criminal in another, and activity that amounts to a trivial infraction in one jurisdiction may constitute a serious crime elsewhere.

In India, criminal law is stated in the Indian penal code. It contains 511 sections, but this article talks about the very important right known as the right to private defense. The state has the responsibility to protect its citizens, but in certain circumstances state might not be present to protect the citizen every time. 

Section 96 to 106 of the Indian penal code, 1860 provides for provisions relating to the right to private defense of person and property. This right can only be exercised when recourse to public authorities is not available to a person.  This principle is based on the ‘reasonableness’ of the defense used. The extent to exercise the right of private defense depends on the reasonableness of the apprehension of the danger and not on the extent of actual danger.

The Thangavel is the case where it was held that the general proverb or adage that ‘ necessity knows no law’ does not find a place in modern jurisprudence. The right to self-preservation is inherent in every person but to achieve that end nothing could be done that militates against the right of another person. 

Case; Kamparsare v. Putappa, in this case, it was held that where a boy in a street was raising a cloud of dust and an asset –by therefore chased the boy and beat him, it was held that the passer-by committed no offense. His act was one in the exercise of the right of private defense.

Case; Chotelal v. State, B was constructing a structure on land subject to disputes between A and B. A was trying to demolish the same. B, therefore, assaulted A with a lathi. It was held that A was responsible for the crime of waste and B had therefore a right to defend his property. 

Case; Parichhat V. State of M.P, A lathi blow on his father's head, his son, the accused, gave a blow with a Ballam on the chest of the deceased. The court decided that the accused had obviously exceeded his right to private defense.

Case; Mohinder Pal Jolly v. the State of Punjab, workers of a factory threw brickbats and the factory owner by short from his revolver caused the death of a worker, it was held that this section did not protect him as there was no apprehension of death or grievous hurt. 









Comments

Popular posts from this blog

Empowering Businesses: Virtual Corporate Law Services

  Empowering Businesses: Virtual Corporate Law Services In the dynamic world of business, legal support is crucial to ensure smooth operations, mitigate risks, and navigate regulatory landscapes. Lexis and Company offers Virtual Corporate Law Services to businesses in the UK, USA, Canada, Singapore, Dubai, and Australia , assisting with mergers, acquisitions, business contracts, compliance, and corporate governance. Key Features of Virtual Corporate Law Services 1. Mergers and Acquisitions (M&A) Legal Support We provide comprehensive legal services for mergers and acquisitions , including due diligence, structuring deals, drafting agreements, and navigating regulatory approvals. Benefits: Ensures smooth and legally sound M&A transactions. Minimizes risks during corporate restructuring. Protects your business interests in high-value deals. Trending Hashtags: #MergersAndAcquisitions #BusinessDeals #CorporateLaw #LegalSupport #VirtualLegalExperts 2. Business Contracts and Ag...

Nathulal v. State of Madhya Pradesh AIR 1966 SC 43

 Nathulal v. State of Madhya Pradesh AIR 1966 SC 43 CITATION AIR 1966 SC 43 COURT Supreme Court of India JUDGES/CORAM Justice K.S. Shah and Justice R. Bachawat DATE OF JUDGEMENT 22.03.1965 Facts: The facts of the case are as follows: The appellant was a dealer in a food grains at Dhar in Madhya Pradesh prosecuted in the Court of Additional District Magistrate for possessing in stock maunds and 21/4 seers of wheat for the purpose of sale without license. Subsequently appellant was charged for committing an offence under section 7 of the Essential Commodities Act, 1955. Thereafter the appellant pleaded there was no intention to contravene any provisions of the law and the grains were stored upon filing an application for license and upon believe that it will be issued to him. The appellant further stated that he continued to submit returns on the food grains stored and purchased to the respected authority. Thus, the appellant was acquitted in the Court of Additional District Magistra...

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...