Right to Self- Defense / Structure, organization & functioning of the Executive & the Judiciary

Right to Self- Defense / Structure, organization & functioning of the Executive & the Judiciary

The right to self-defense extends not only to one's own body but to protect the person and property of another; the Supreme court has interpreted the provisions of the Indian Penal Code (IPC).

The court acquitted a forest range, who was jailed for shooting an alleged sandalwood smuggler in 1988.

Key points of SC ruling:

• The Court observed that right of private defense extends not only to "the defense of one's own body against any offence affecting" the human body but also to defend the body of  any other person.
• The right also embraces the protection of property. Whether one's own or another person's . against certain specified offences, namely, theft, robbery, mischief and criminal trespass.
• The court explained that the right does not arise if there is time to have recourse to the protection of the public authorities. Nor does it extend to the infliction of more harm than is necessary.
• When death is caused, the person exercising the right of self-defense must be under reasonable apprehension of death, or grievous hurt, to himself or to those whom he is protecting, the court explained.

Right to Self-Defence:

• Sections 96 to 106 of the IPC deals with right to private defense.
• It is not necessary that there should be an actual commission of the offence in order to give rise to the private defense.
• A person who faces imminent and reasonable danger of losing his life or limb may in an exercise of self-defense inflict any harm even extending to death on his assailant either when the assault is attempted or directly threatened.
• It is enough if the accused apprehends that such an offence is contemplated and it is likely to be committed if the right of private defense is not exercise, the court ruled.