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Shree. ( Advocate.)     15 May 2008

What is right of Self Defence???????

 What is right of Self Defence???????

Exercising the right of private defence or what is also known as self defence is one of the exceptions that the law recognizes. By virtue of this, a person commits no offence, in some circumstances, even if he takes the life of another. This right is discussed below.

The right of private defence is a very valuable right recognized in all democratic and civilized societies. It says that every person has a right to defend himself and his property against any threat, danger or violence.

The law does not expect a person to behave like a coward when confronted with dangerous situations. Law requires people to rise to the occasion in such situations. It is perfectly justifiable to use force, if it is needed, to protect oneself from an unlawful attack.

It is the primary duty of the state to protect the life and property of its subjects. But no law, however vigilant it may be, can control each and every troublemaker in the country. Therefore law confers the right of private or self defence on people. Nothing is an offence which is done in private defence. (S.96 of IPC)

Illustration:

B, a lady is attacked by a drunken person who attempts to rape her. B, desperately trying to safeguard her modesty, gets hold of a knife and stabs her attacker who dies as a result. Here B is not guilty of any offence because she was only defending herself.




Learning

 6 Replies

Guest (n/a)     19 May 2008

But whether this will be treated as culpable homicide not amounting to murder?

amit gupta_lawyer (lawyer)     19 May 2008

it will depend upon the given situation and circumstances here in this case if the otherposible defence is available then in that case motive of other option is seen in the light of given facts and circumstances and if its found that the mode of defense is taken by person by his or her personal wish then that amounts to culpable homiside not amounting to murder

Guest (n/a)     12 June 2008

Dear Sir!


what is a right of men to get a decree of divorce? As there is a fear of indulging in a case like 498-a sec, as my wife is not staying with me since after couple of days of marriage it was an arrenge marriage, as i also told her to stay with me or with my family as i have only my father & mother with me, am very frustated now, she comes once in a month just for a formality which she has to maintain. she reside i her home town as she is also not stayed with her parents but in a remted house.she wants her independent life as her friends circle has. and this time my parents also forced  me to adjust with this lady. inspite of my repeated request also she refuse tostay at home.  plez advice! i wanta divorce! i feel better to stay alone!!!


 

deepak kumar (Advocate)     12 June 2008

the law is very clear on this aspect- nothing is an offence which is done in exercise of the right to private defence of body( his own and of other person) against offence affecting human body and / or property against which any thefet,robbery etc.is attempted.


However there is no right to private defence against a public servant (or by any person under direction of public servant ) acting in good faith in official duty 


however this right of private does not extends to inflicting of more harm than is necessary for the purpose of defence.

Guest (n/a)     13 June 2008

Dear Sir,


   I need to know ipc section  details for 294(b),324,506(2).


Kidly do the needfull.

deepak kumar (Advocate)     14 June 2008

294(b) IPC relats to singing, reciting, uttering any obscene song etc. to the annoyance to others in or near a public place.


it must be proved that the words were actually obscene bfore conviction can be arrived at


the offnce is bailable, non compoundable and is to be summarily tried by a magistrate.


324 IPC relates to volunatrily causing hurt by dangerous weapons or means and it carries punishment of  imprisonment upto three years or/and fine - the section is cognizable, bailable, compoundable with permission of court, triable by magistrate.


506(2) IPC is for criminal intimidation to cause death, grievious hurt, dstruction of property by fire, or to impute unchastityu to a woman etc. and is punishable with imprisonment upto 7 years or / and fine.


please be specific as to what type of details are required


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