ADV. SYED AJMAL HASAN


NEW DELHI:-Every person is required to be given the right to his own defense private defense, so that this right helps the individual to prevent crime happening or could happen against himself or any of his property. This right is based on the principle of self-preservation. Section 96 of the indian Penal Code is not a crime that is done in the right of private defense.

Jurist Huda in his book “The principal of law of crime” page no 382 It is written in that “the right to private defense has been recognized in every legal system. No state, no matter how large it may have all the means, may not be able to provide protection in every circumstance.” In such a situation, the state gives its subjects the right to take the law into their own hands and protect themselves. “

The police system around us is capable of stopping crime, but it is not expected that a policeman should be deployed for every person, so that any crime can be prevented before it happens. In such a situation a person can be given the right to use the private defense right to protect himself or any property.

In other words, where a citizen faces a threat to his life or his property and immediate assistance from the state machinery may not be readily available, the citizen has the right to protect himself and his property. Being so, it is an essential corollary to the doctrine of private defense that a citizen who has defended himself or his property has the right to use that right to exercise the right of private immunity to private Limitations of the principle of immunity are: –

Offenses not through self-defense, then the right to private immunity will not be granted (R. Bnam Deadly, Stephen [1884] Lord Coleridge

• It is not available to the attacker ie the offender does not get it.
Uttar Pradesh v. Pusu [1983 SC.] In this case it was ruled that a person who automatically invites an attack on himself is not entitled to exercise the right of private defense due to his aggressive attack.

The right to private -defense is not for revenge: –
Rajesh Kumar v. Dharamvir [1997]: – In this case, the Supreme Court said that the right to self-defense can be claimed only to thwart an unlawful attack.

Duty to retreat: –
Yogendra Murari ji vs Gujarat [1980 SC.] Justice Sarkaria
Justice Sarkaria said that first one should try to stay back from the attack otherwise private immunity right will not be benefited.

The right to private defense should never be used viciously or maliciously. The exercise of the right of private defense is to avoid danger, not to summon danger or to unnecessarily increase danger or to avenge.

Right to private defense in India Section 96 to 106 of the Indian Penal Code gives the right to private defense in the form of law.

Under Section 96– Anything done in the right of private defense is not a crime.

Under Section 97, it has been said that this right can be exercised in the defense of human body and property.

Under Section 98, the right of private immunity against the act of a perverse-minded person can be exercised. This section empowers private immunity against the actions of those persons, who themselves are free from criminal liability.

Under Section 99 deals with situations where the right to private immunity is not available. This section speaks of the limitations of this right.

Section 100 When the body has the right to private immunity till death.

When does section 101 have such authority even for committing any other kidnapping other than death.

Under Section 102 When does the right to private immunity of the body begin and end

Under Section 103 When the right to private defense of property extends till death.

Under Section 104 When does the right to private defense of property extend to any other kidnapping other than death.

Under Section 105: When does the right to private defense of property begin and end

Under Section 106: Right to private immunity against fatal attack while innocent person is at risk of kidnapping.

This article is incomplete on private defense. Detailed information will be provided by the author in the next article on private defense.

 

 

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