RIGHT TO PRIVATE DEFENCE

by | Aug 26, 2023

The concept of the Right to Private Defence holds immense significance within the framework of the Indian Penal Code. Section 96 to 106 of the Indian Penal Code outline the provisions related to the Right to Private Defence. It grants individuals the right to protect themselves, their property, and other individuals from an unlawful threat, an imminent danger, or an act of violence. Excessive use of force may lead to legal repercussions, as it could be seen as an act of aggression rather than self-defence. Here are some key points:

  1. Right to Self-defence: Section 96 defines that every person has the right to defend their own body and property against any offence that may cause harm or death.
  2. Extent of Self-defence: Section 97 states that the right to self-defence extends to causing death or inflicting any harm that may lead to death, as long as the act is done in reasonable proportion to the threat faced. 
  3. Protection against death or grievous hurt: Section 100 explains that the right of private defence extends to causing death if there is an apprehension of death or grievous hurt to oneself or another.
  4. Protection of property: Section 103 specifies that the right to private defence also extends to protecting one’s property, including movable and immovable property, against theft, robbery, mischief, or any criminal trespass.
  5. Exercise of reasonable force: Section 99 emphasises that the force used in exercising the right of private defence should be proportionate to the threat faced. Excessive force beyond what is necessary may not be justifiable.
  6. Protection against public servants acting unlawfully: Sections 99 and 100 clarify that the right of private defence also extends to situations where public servants, acting unlawfully, exceed their legal powers, and there is a reasonable apprehension of harm.

The Right to Private Defence extends to protecting oneself and others against various crimes such as assault, kidnapping, theft, and trespassing. Courts play a vital role in determining the legitimacy of claims made under the Right to Private Defence. Each case is evaluated on its own merits, keeping in mind the principles of reasonableness and proportionality. The Right to Private Defence under the Indian Penal Code plays a crucial role in empowering individuals to protect themselves and others from unlawful aggression. It strikes a balance between personal liberties and maintaining societal order.

 

Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and , a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

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