if a person hits another in self defence which leads to inflicting severe injuries to that person ,
suppose the attacker was with a knife but somehow the defender accidently or willingly ( obviously in self defence) hits the attacker with his own weapon..
what charges will the attacker and the defending person will be facing in future.. and I wanna know all about this..
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Good evening,
Self defence refers to protecting oneself from an imminent or dangerous attack on our body and/or property. Indian law provides various provisions regarding self defence under the Indian Penal Code.
Section 96 states that "nothing is an offense, which is done in the exercise of private defense" and Section 97 of IPC talks about the right to self defense of body, or property (be it movable or immovable) against attacks such as-
- Theft and robbery
- Mischief
- Criminal trespass
- Or any attempt to commit theft, robbery, mischief or criminal trespass.
But section 96, even if it states what it states, doesn't give a person the absolute right to cause any harm disproportionate to the harm that was inflicted on the defender. The force used while defending oneself must be reasonable in all circumstances. You can not violate the other person's rights while trying to protect your own.
Section 99 states that the defender can not exercise their rights to self defence if the attack, or the act is committed by a public servant, in good faith.
Sections 100 and 103 talk about protection from voluntary causing of death in the act of self defence. While protecting yourself from immediate danger of death, s*xual harassment, wrongful confinement or trespass, you caused death of the attacker, you will be protected under sections 100 and 103, but if not under those grounds, you will not be protected.
In short, you have the right to private defense, provided you use reasonable force, and not any more force that's disproportionate to the attack inflicted on you. (For example, a punch from the attacker must not be retaliated with a gun shot wound by the defender). Therefore, you can claim self defense as your protection against charges.
Read more about private defense following this link- https://www.lawyersclubindia.com/articles/right-of-private-defence-under-indian-penal-code-9001.asp
Hope this helps!
Regards,
Nandini
