Action in self defence

A district Magistrate, a sub-divisional Magistrate or any other Executive Magistrate specially empowered by the concerned State Govt. are the authorised to promulgate the order under section 144, which can be passed under your case specified . This order to prevent the danger of human life, health or safety.

If you are having revolver license then it can be used for self defense.  It is better to file a complaint before the police stating that you have got life threat from those gangsters.

look brother

you have a right to protect yourself and your property. if doing this you use more power than what is necessary, then you are prosecuted.

for example: if defending yourself  you use your gun when your opponent is fleeing and eventually kill them, then you are guilty. but if situation is such that they can kill you if you don't use your gun, then you are not guilty.

Don't publicly reveal that you carry revolver etc., this may remove the advantage of element of surprise during delf defense.

I do not think Section 144 CrPC will be imposed merely because somebody is out on bail. Section 144 CrPC or 107 CrPC is usually imposed if police report says that there is danger to peace etc. Yes if threat is real then it is better to file a complain of threat to life to police so that Section 144 CrPC or preferably Section 107 CrPC gets imposed in your area. Section 107 CrPC is similar to 144 CrPC but of longer duration. Sit with a good criminal advocate to discuss the matter before proceeding. Even if Section 144 CrPC or 107 CrPC is imposed, the law breakers may try breaking the law.

Act of Self Defense is covered from Sections 96 to 106 IPC which are corrolary to right to life under Article 21 of Constitution. Basically these sections allow the citizen to take law in his own hands under compelling circumstances, like when it is not possible to call police etc. for help and wait for their arrival. If there is clear and immediate danger to your life or limb or your near and dear ones or house breaking etc. at night, one is well within his rights to take steps to safeguard the same by taking necessary steps.

May read this Supreme Court judgement (Darshan Singh Vs State of Punjab / Criminal Appeal 1057 of 2002) wherein it has laid down guidelines related to self defense https://indialawyers.wordpress.com/2010/01/17/supreme-court-lays-down-guidelines-for-right-of-private-defence-for-citizens/

Ideally police should not be filing case of murder for act of self defense but sometimes under pressure from opposite side or the family members or relatives may file case of murder etc. etc. etc.. One may have to fight and defeat that case accordingly.

In a nutshell one should always try his best to avoid such situations, but if unfortunately and unavoidabley it is question of choosing between your life and life of your assailant is forced upon you, then choose your life.

Hi,

I am really sad to hear about this.

As pointed out aobve, Section 96 - 106 of The Indian Penal Code talks about Right to Private Defence.

Also, you should definitely first file official police complaint.

I would like to pray for your and your family's safety.