Analysis on Right of Private Defence Under Indian Penal Code

INTRODUCTION

Private Security A private defence is described as an act done to defend one’s body and property from another person when there is a reasonable fear of incurring injury or damage to one’s property.

In general, private defence is a general exception that refers to the defence that one can use to save his own life or the life and property of another person only when there is a necessary condition or the procedures that must be performed at the specific moment and circumstance.

The fundamental goal of an accused’s private defence should be to defend himself, not to cause unnecessary harm to others if the defendant is unable to cause any harm to the plaintiff, and it should be justified to take any action that harms the defendant in a private defence plea. The burden of proof is entirely on the accused to demonstrate why he took such measures and what circumstances compelled the plaintiff to take such required efforts to defend himself.

The case of Arjun v. State of Maharashtra exemplifies the rights to private defence and goal. The case analyses whether there were any requirements for accepting the plea of private defence in order to protect himself from the defendant. Considering the background facts, as well as the undeniable fact that there was no premeditation and thus the act was committed in the heat of passion, that the appellant did not take any undue advantage or act in a cruel manner, and that there was a fight between the parties, the plaintiff cannot raise the defence of private defence, and thus the case falls under the fourth exception to Section 300 IPC.

Right of private defence is divided into parts:

  1. According to Section 97 of Indian Penal Code, Every person has a right to protect his own body and therefore the body of the other person, against any offence affecting the physical body.
  2. The property , whether movable or immovable , himself or of any other person , against any act which is an offence falling under the definition of the theft, robbery, mischief or criminal trespass, or which is an attempt to commit the same.

Right to Private Defence to the Body

The main reason to take private defence is to protect one’s body is when there is only reasonable apprehension of danger to the body of a person arises from an attempt or threat to commit an offence. The extent to which this right can be exercised does not depend upon the actual danger but the apprehension it has caused. The threat must give rise to imminent danger but not distant danger. The next phase is that of continuance which permits the action to continue after the act has been committed.

A person exercising the right of private defence is entitled to secure his victory as long as the contest is continued. He is not obliged to retreat but may still defend till he finds himself out of danger. For claiming right of personal Defence extending to voluntarily causing death, the accused must establish that there have been circumstances giving rise to reasonable grounds for apprehension that either death or grievous hurt would be caused to him.

Right to private defence regarding protection of body and its scope.

There are certain rights available regarding to one’s protection of body under private   defence which are mentioned in section 100 and 101 of IPC which mentions the situations and for the offences one can take private defence to protect oneself. The offences are:

  1. Assault – Death
  2. Assault – grievous hurt
  3. Assault – committing rape
  4. Assault – unnatural lust
  5. Assault – kidnapping or abducting

With respect to these offences committed by the defendant, the one can even cause death of another person if these offences had been committed by the defendant on the plaintiff as mentioned in Section 100 of IPC. However certain offences are restricted by Section 99 of IPC which specifically mentions the conditions under which one can take the plea of private defence.

In the case of Mohinder Pal Jolly v. State of Punjab, there was a dispute between the workers and the management over demand for wages. The workers threw brickbats at the factory. The owner of the factory came out and fired with a revolver killing one worker. In this case, when small mischief was committed in the factory by the workers, the owner was not justified in doing his act when he shot dead one of the workers.

For claiming right of personal Defence extending to voluntarily causing death, the accused must establish that there have been circumstances giving rise to reasonable grounds for apprehension that either death or grievous hurt would be caused to him just like in the case of Vishvas Aba Kurane v. State of Maharashtra.

One another major point in right to private defence is that one can defend himself from the people of unsound mind if there is any reasonable apprehension of fear and or attempt or act done by the unsound mind person on one’s body then one can defend himself from any bodily harm or any grievous hurt from that person which is mentioned in section 98 of the IPC as it is very important exception in the case of private defence as people of unsound mind are immune from getting punished for any offences.

Private Defence Regarding Private Property

Private property is defined by law as property owned by private parties — in other words, anybody or anything other than the government. Private property can include real land, buildings, goods, and intellectual property, and each individual has the right to defend his property from being harmed or taken by another person.

Right to private defence and scope and nature of private defence regarding Property.

In protecting the property of one’s own or another person property, and if it leads to cause the death of another person i.e. the defendant then one will not be guilty of murder or any offence if it is done in private defence as mentioned in section 103 of IPC, These above offences are there in which the plaintiff can take the life of the defendant if the defendant commits any of the offences as mentioned above and can use private defence here so as to save his own property or another person property by taking the life of another person in the process of protection of the property from the defendant.

According to Section 104 of IPC, it speaks about the attempt of committing and committing the offences which are different from the offences as mentioned in Section 103 of IPC the plaintiff can harm the defendant but cannot kill the defendant in the following situation or offence of the defendant with respect of restrictions in Section 99 of IPC.

CONCLUSION

The right of private defence is obtainable as long as recourse to public authorities isn’t possible. No case of reasonable apprehension could even be made if, within the given situation, public authorities are often obtained. Only the plaintiff feels the reasonable apprehension of fear of injury or harm from the defendant and therefore the defendant is in a position to supply any harm to the plaintiff.

REFERENCES

http://India, l. (2020). Directors Liability in India. Legalservicesindia.com. Retrieved 21 March 2020, from http://www.legalservicesindia.com/articles/dl.htm.

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