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virendra   05 March 2017

Defence

what is difference between self defence and private defence?


Learning

 1 Replies

Democratic Indian (n/a)     05 March 2017

Both are essentially the same. When right of self defense is codified into legislative enactment as legal right from Sections 96 to 106 of I.P.C., it has been given the name Right of Private Defense. May read judgment of Supreme Court in Darshan Singh vs State Of Punjab & Anr on 15 January, 2010, Appeal (crl.) 1057 of 2002,, Supreme Court has explained the right of private defense and it's restrictions very clearly.

 

In Vidhya Singh v. State of Madhya Pradesh (1971) 3 SCC 244, Supreme Court observed that "the right of self-defence is a very valuable right, serving a social purpose and should not be construed narrowly."

 

It clearly means -

 

1. Right of self defense is a very valuable right

2. Right of self defense serves a social purpose

3. Right of self defense should not be construed narrowly

 

Above legal position already held by Supreme Court in Vidhya Singh v. State of Madhya Pradesh (1971) 3 SCC 244 and the same also repeatedly emphasized and reiterated in at least eighteen more Supreme Court judgments mentioned below -

 

James Martin vs State Of Kerala on 16 December, 2003, Appeal (crl.) 887 of 1997, Special Leave Petition (crl.) 47-49 of 1998

 

State Of Madhya Pradesh vs Ramesh on 18 November, 2004, Appeal (crl.) 1023 of 1999

 

Babulal Bhagwan Khandare & Anr vs State Of Maharashtra on 2 December, 2004, Appeal (crl.) 1403 of 2004

 

V. Subramani And Anr vs State Of Tamil Nadu on 3 March, 2005, Appeal (crl.) 378 of 2005

 

Shivanna & Ors vs State Of Karnataka on 8 November, 2006, Appeal (crl.) 1130 of 2006

 

Naveen Chandra vs State Of Uttranchal on 27 November, 2006, Appeal (crl.) 1224 of 2006

 

Shahjajhan And Ors vs State Of Kerala And Anr on 26 February, 2007, Appeal (crl.) 262 of 2007

 

Krishna & Anr vs State Of U.P on 21 June, 2007, Appeal (crl.) 835 of 2007

 

Narain Singh & Ors vs State Of Haryana on 9 April, 2008, Appeal (crl.) 632 of 2008

 

Genda Singh & Ors vs State Of U.P on 9 July, 2008, Appeal (crl.) 1036 OF 2008

 

Satya Narain Yadav vs Gajanand & Anr on 1 August, 2008, Appeal (crl.) 305 of 2001

 

Dinesh Singh vs State Of U.P on 4 August, 2008, Appeal (crl.) 544 of 2001

 

Salim & Ors vs State Of Haryana on 11 August, 2008, (Arising out of S.L.P. (Crl.) No.463 of 2008)

 

Ram Pyare Mishra vs Prem Shanker & Ors on 22 August, 2008, Appeal (crl.) 181 of 2001

 

Raghbir Singh & Ors vs State Of Haryana on 12 November, 2008, Appeal (crl.) 1776 of 2008 (Arising out of S.L.P. (Crl.) No.3647 of 2008)

 

Ranveer Singh vs State Of M.P on 21 January, 2009, (Arising out of SLP (Crl.) No.3905 of 2008)

 

Arun vs State Of Maharashtra on 16 March, 2009, Appeal (crl.) 1490 of 2007

 

Darshan Singh vs State Of Punjab & Anr on 15 January, 2010, Appeal (crl.) 1057 of 2002


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