Introduction

Under the Indian Penal Code, every person has a right to defend his own body,
and the body of any other person, against any offence affecting the human body,
and movable or immovable property belonging to him or of any other person
against any act which is an offence under the definition of theft, robbery, mischief
or criminal trespass or constitutes an attempt to that end.

The right commences as soon as a reasonable apprehension or danger to the

body, or property arises from an attempt or a threat and continues as long as
such apprehension or danger to the body or property continues. It extends to the
right to cause death or any harm to the wrongdoer(s). The right can be exercised
even in respect of a public servant or police if there is reasonable cause to
apprehend that their acts can cause death or grievous hurt, and the exercise of
such a right cannot be construed as causing obstruction to them in the discharge
of their duty.

In general, private defence is an excuse for any crime against the person or
property. It probably applies to the defence even of a stranger, and may be used
not only against culpable but against innocent aggressors.

In general, defence is allowed only when it is immediately necessary against

threatened violence. A person who acts under a mistaken belief in the need for
defence is protected, except that the courts hold that the mistake must be
reasonable. The best that can be said of this qualification is that it is construed
leniently, at least in favour of the forces of order. On principle, it should be
enough that the force used was in fact necessary for defence, even though the
actor did not know this; but the law is not clear. There is no duty to retreat, as
such, but even a defender must wherever possible make plain his desire to
withdraw from the combat. The right of private defence is not lost by reason of
the defender's having refused to comply with unlawful commands.

The force used in defence must be not only necessary for the purpose of avoiding
the attack but also reasonable, i.e. proportionate to the harm threatened; the
rule is best stated in the negative form that the force must not be such that a
reasonable man would have regarded it as being out of all proportion to the

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danger. The question of proportionality is for the jury. A person may lawfully
threaten more force than he would be allowed to use.

The carrying of firearms and other offensive weapons is generally forbidden, but
(1) a thing is not an "offensive weapon" if it is not offensive per se and is carried
only to frighten; (2) a person does not "have it with him" if he merely snatches it
up in the emergency of defence, and (3) there is the defence of "reasonable
excuse" where the defendant acted reasonably under an "imminent particular
threat affecting the particular circumstances in which the weapon was carried."

The right of defence avails against the police if they act illegally, but the defender
cannot take benefit from a mistake as to the law of arrest or self-defence. It was
held in Fennell that a person who rescues another from police detention does so
at his peril of the detention being lawful, and cannot set up a mistake of fact.

The traditional rule is that even death may be inflicted in defence of the
possession of a dwelling; and in Hussey this was applied even where the aggressor
was acting, and was known to be acting, under a claim of right.

The law of private defence of body and property in India is codified in ss 96 to 106
of the Indian Penal code (IPC), which are ostensibly based on the idea that the
right of self-preservation is a basic human instinct. These sections, which are
clustered under the sub-heading “Of the Right of Private Defence” of the chapter
IV captioned “General Expectations”, constitute a comprehensive legislative
framework of the right of private defence as they deal with the subject-matter,
nature and extent of the right of self defence in India as well as the limitations
within which the right is required to be exercised. These provisions are complete
in themselves and no reliance on the principles of governing the right of self-
defence in common Law can be placed for their interpretation.

Section 96, which declares that “nothing is an offence which is done in the
exercise of the right of private defence”, lays down the general rule on the right
of private defence, while s 97, which deals with the subject-matter of the right of
private defence of body and of property and lays down the extent of the right of
private defence , proclaims that every person, subject to restrictions contained in
s 99, has a right to defend his own body and the body of another person, against

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any offence affecting human body, and right to defend property of his and of any
other person, against any act which is an offence falling under definition of theft,
robbery, mischief or criminal trespass, or which is an attempt to commit theft,
robbery, mischief or criminal trespass. And s 99 lists the situations wherein the
right of private defence of body as well as of property is not available to an
individual. It lays down the limits of the right. Sections 102 and 105 deal with
commencement and continuation of right of private defence of body and of
property respectively; while ss 100 and 101 and 103 and 104 deal with the extent
of the “harm”(including voluntary death) that may be inflicted on the assailant in
exercise of the right of body and of property respectively. Section 98 makes the
right of private defence available even against person who, by reason of infancy,
insanity, intoxication or misconception, are legally incompetent to commit an
offence. In other words, it gives the right of private defence against certain act of
person whose rights exempted from criminal liability. And s 106 allows a person
to take the risk of harming innocent person in order to, in exercise of the right of
private defence of body, save himself from mortal injury.

Section 96, thus, declares, in general terms, that nothing is an offence which is
done in the exercise of private defence. The subsequent ss 97-98 and 100-106
explain the contours of the right and define the broad boundaries within which it
can be exercised. All the rights enumerated in these sections are subject to
restrictions or limitations that are stated in s 99.

It is said that the law of self defence is not written but is born with us.

We do not learn it or acquire it somehow but it is in our nature to defend and

protect ourselves from any kind of harm. When one is attacked by robbers, one
cannot wait for law to protect oneself.

The right of private defence arises to those who in face of imminent peril act in
good faith and in no case can this right be conceded to a person who manages a
situation wherein the right can be used as an shield to justify an act of aggression.
If a person goes with gun to kill another, the intended victim is entitled to act in
self-defence and if he so acts, there is no right in the former to kill him in order to
prevent him from acting in self-defence, there is no private defence against

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private defence. Every person has a right, subject to certain restrictions, to
defend:

1. His own body and the body of any other person against any offence
affecting the human body,
2. the property, whether movable or immovable, of himself or of any other
person, against any act, which is an offence falling under the definition of
theft, robbery, mischief or criminal trespass, or which is an attempt to
commit any such offences.

IPC incorporates this principle in section 96, which says,

Section 96: Things done in private defence -

Nothing is an offence which is done in the exercise of the right private defence.

There is no provision in the Penal Code whereby an accused person can be

excused for insulting outburst of abuses in the exercise of the alleged right of
private defence. Similarly, mere use of abusive language does not give rise to
private defence. Like in Dattu Genu’s1 case where the deceased about a month
before the murder had tried to outrage the modesty of the wife of the accused
and thereafter on the day of the incident cut a rustic joke enquiring whether the
accused had not kept buffaloes for drinking milk which lead the accused to beat
the deceased mercilessly resulting in his death, it was held that giving the most
charitable interpretation one could not find a single circumstance which will give
the accused the benefit of the right of private defence and the interval between
the attempt to outrage the modesty of the accused’s wife and the murder being
too long he was not entitled to get the benefit of grave and sudden provocation
within the meaning of exception 1 to section 300, I.P.C.

Giving a general view of all the provisions of this right in Munney Khan v.
State2, the Supreme Court observed: “ The right of private defence is codified in
ss 96 to 106, IPC, which have all to be read together in order to have a proper
1
1974 Cr LJ 446 (SC)
2
A.I.R. 1971 SC 1491

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grasp of the scope and limitations of this right. By enacting the sections the
authors wanted to except from the operation of its penal clauses acts done in
good faith for the purpose of repelling unlawful aggression”.

Availability or Non- Availability of private defence- Factors

In order to find whether right of private defence is available or not, the entire
incident must be examined with care and viewed in its proper setting. The injuries
received by the accused, the imminence of threat to his safety, the injuries caused
by the accused and the circumstances whether the accused had time to have
recourse to public authorities are all relevant factors to be considered on a plea of
private defence. Thus running to house, fetching a sword and assaulting the
deceased are by no means a matter of chance. These acts bear stamp of a design
to kill and take the case out of the purview of private defence. But where the
accused was dispossessed of his land by a party of men and he ran to his
residence from where he fetched his gun and came back within fifteen minutes to
fire at and injure the, he was held to be within his rights, but when he went
further still and chased and injure a person who was just standing by there and
who died, in reference to him the accused had no right of private defence. Along
with the above factors, one has to remember the following limitations on the
right of private defence of person or property:

i. That if there is sufficient time for recourse to public authorities, the right
is not available.
ii. That more harm than that is necessary should not be caused.
iii. That there must be a reasonable apprehension of death or grievous hurt
or hurt to the person or damage to the property concerned.

Mannu v. State of Uttar Pradesh3

When the deceased were going to the market, they were waylaid and attacked by
the accused with dangerous weapon. Although, there were injuries caused on the
side of the accused party as well and there was also loss of a life, the Supreme

3
AIR 1979 SC 1230

5|Page
Court rejected the plea of self-defence, holding that the accused being the
aggressors were not entitled to the right of self-defence.

State of Uttar Pradesh v. Ram Swarup4

The accused’s father held the contract of tehbazari in a vegetable market for 10
years. In one particular tender, he was outbid by the deceased. On the day of the
incident, the accused’s father went to the market to purchase a basket of melons.
The deceased declined to sell it saying that it was already marked for another
customer. Hot words followed during which the deceased, asserting his authority,
said he was the thakedar of the market and his word was final. The accused’s
father was offended by this show of authority and left in a huff. The accused’s
father returned with his three sons, one of them being an accused an hour later.
The accused’s father had a knife, the accused had a gun and the other two
brothers had lathis. They threw a challenge as to whose authority prevailed in the
market. The deceased was taken by surprise and he was shot dead by the accused
at point blank range. The defence pleaded that at the time the accused went with
his father and brothers to the market, there was an unexpected quarrel between
the deceased and the accused’s father, which assumed the form of grappling. The
deceased’s servants beat the father of accused with lathis, and it was the beating
that impelled the accused to use the gun in defence of his father. The Supreme
Court rejected the plea stating that the accused, his father and brothers went to
the market with a preconceived design to pick up a quarrel. The accused
themselves were the lawless authors of the situation.

Jaipal v. State of Haryana5

The Supreme Court pointed out that it was the accused party alone who carried
dangerous weapons, which clearly showed their intention to attack. The
complainant party did not carry any weapons, but instead suffered injuries. The
accused alone was held to be the aggressor.

4
AIR 1974 SC 1570
5
AIR 2000 SC 1271

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No Private Defence in a Free Fight-

Where two parties come armed with determination to measure their strength
and to settle a dispute by force and in the ensuing fight both sides receive
injuries, no question of right of private defence arises. In such a case of free fight
both parties are aggressors and none of them can claim right of private defence.
Since there is a common intention or common object in a free fight, an accused
cannot be punished for having recourse to s149 of the IPC. Each individual is
responsible for his own acts. However, if, judging by the number of injuries on the
parties to a free fight, it is difficult to decide who were the aggressors and who
inflicted that blow on whom, all the accused deserve acquittal.

Injury on accused-

Non- explanation of injuries on the person of the accused is a factor of great

importance and this fact may induce the court in judging the veracity of
prosecution witnesses with considerable care. in a given case it may strengthen a
plea of private defence set up by the accused or may create a genuine doubt
regarding the prosecution case. At the same time it cannot be laid down as an
invariable proposition of law that as soon as it is found that the accused had
received injuries in the same transaction in which the complainant party was
assaulted, the plea of private defence would stand prima facie established and
burden would shift on the prosecution to prove that those injuries were caused to
the accused in self-defence by the complainant party. Thus where the accused
had some trivial injuries on non-vital parts but the victim has suffered as many as
19 injuries including some on vital parts which resulted in his death, it could not
be believed that the accused had acted in self-defence especially when he was
arrested 5 or 6 days after the incident but in the intervening time did not care to
get himself medically examined. A plea of private defence cannot be based on
surmises and speculation.

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Section 97: Right of Private Defence of the body and of property-
Every person has a right, subject to the restrictions contained in Section 99, to
defend-

First- His own body, and the body of any other person, against any offence
affecting the human body;

Secondly- The property, whether movable or immovable, of himself or any other

person, against any act which is an offence falling under the definition of theft,
robbery, mischief or criminal trespass, or which is an attempt to commit theft,
robbery, mischief for criminal trespass.

Right of Private Defence essentially a Defensive and not a Punitive Right

As the very words ‘nothing is an offence which is done in the exercise of the right
of private defence’, appearing in s96 denote, the right of the private defence is
essentially a defensive right circumscribed by IPC and it is available only when the
circumstances clearly justified it. It is exercised only to repel unlawful aggression
and not to punish the aggressor for the offence committed by him. It is basically
preventive in nature and not punitive. It is neither a right of aggression nor a
reprisal. Its exercise cannot be vindictive or malicious.

However, a right to defend does not include a right to launch an offensive,

particularly when the need to defend no longer survives. A person is not entitled
to use the violence that is disproportionate to the injury which is to be averted or
which is reasonably apprehended. The moment a defender exceeds it, he
commits an offence and is thereby disentitled for the right of private defence. The
exercise of the right is subject to the restrictions mentioned in s 99 which are as
important as the right itself.

Ram Ratan v. State of Bihar6

The complainant’s cattle trespassed into a field and started grazing. The accused
party seized the cattle and was taking them to the pound. The complainant party,

6
AIR 1965 SC 926

8|Page
on coming to know of the seizure of the cattle by the accused party, came with
good members, variously armed to rescue the cattle.

The Supreme Court held that since the complainant’s party had come armed with
sharp edged weapons and lathis to rescue the cattle from the accused party, the
accused party could have apprehended that they were not peacefully inclined and
would use force against them in order to rescue the cattle and the force likely to
be used could cause grievous harm.

In view of this, the court held that the accused party committed no offence in
causing injuries to persons in the complainant’s party and even causing death to
one of them. The accused were all acquitted.

Jai Dev v. State of Punjab7

A piece of land was bought by the accused party in a neighbouring village of
Ahrod. Since they were outsiders to the village, the Ahrod villagers treated them
as strangers. When the accused, who were armed, were ploughing the field in the
disputed land, the villagers of Ahrod, who could not tolerate that strangers should
take possession of the land, came armed in large numbers to take possession of
the field. The accused party in self defence of their property caused harm and
shot dead one Amin Lal. Immediately thereafter the villagers of Ahrod who had
come to the field ran away and there was no longer any justification for using
force against the running villagers. The moment the property had been cleared of
trespassers, the right of private defence ceased to exist. However, the accused
shot dead two of the fleeing villagers. While the right of private defence was
available in the killing of Amin Lal, the Supreme Court held that it was not
available to kill the fleeing villagers who were already some distance away from
the field. The accused were convicted for murder and sentenced to life
imprisonment.

Nabia Bai v. State of Madhya Pradesh8

7
AIR 1963 SC 612
8
AIR 1992 SC 602

9|Page
The accused along with her mother and sister were weeding their crop when the
deceased passed through the neighbouring field. The deceased then came into
the field and attacked all three of them with a knife. There was some grappling
and the accused managed to get hold of the knife held by the deceased and
inflicted injuries resulting in death of the deceased. The Supreme Court observed
that the accused had neither motive nor any intention to kill the deceased. She
only wanted to save herself from an armed intruder who had inflicted knife
injuries on her. The accused was acquitted.

Munna v. State of Uttar Pradesh9

The accused attacked the deceased on 6 April 1975 at 2:15 pm. He put up a plea
of self-defence and laced reliance on five injuries sustained by him. According to
the doctor’s evidence, he treated the accused on 8 April at 1:30 am and according
to him the injuries were six hours old. The fact that he went to the doctor one and
a half days after the incident was held to show that they were not injuries
sustained in the course of the incident. The Supreme Court rejected the accused’s
plea of self-defence and it sentenced him to life imprisonment.

State of Punjab v. Karnail Singh10

The Supreme Court held that the evidence revealed that out of the three
deceased, two were fired from a very close range and the third was shot in back,
showing that he was fleeing. The accused’s plea of self-defence was rejected and
he was convicted and sentenced to life imprisonment.

Rajesh Kumar v. Dharamvir11

The accused party and the deceased party had a dispute over a shop which had a
common inner boundary wall. The accused party started demolishing the wall.
Hearing the sound, the party of the deceased cam e out on the lane and shouted
at them to stop. In the rift between the two, one was killed. The accused took the

9
AIR 1993 SC 278
10
AIR 1995 SC 1970
11
AIR 1997 SC 3769

10 | P a g e
plea of private defence, stating that the deceased had tried to break open their
outer door and in defence of their property they had to kill the deceased. The
incidents took place outside on the lane and not inside the house. The Supreme
Court held that even assuming that the version put up by the defence was
correct, only as long as the deceased party continued in the defence, but it ended
the moment the commission of the mischief was done. They attacked the
deceased in the lane after the damage was over. The Supreme Court held that the
right of private defence can be exercised only to repel unlawful aggression, and
not to retaliate. The right under s96 was one of defence and not of retribution or
reprisal. The plea of private defence was rejected and the accused were convicted
and sentenced to imprisonment.

Right of Private Defence not available against Lawful Acts

A right of private defence cannot be exercised when a person is carrying out a

lawful act. In fact, preventing a person from doing a lawful act would itself
amount to an offence.

Kanwar Singh v. Delhi Administration12

A raiding party possessing authority under a section of the Delhi Municipal
Corporation Act seized the stray cattle belonging to the accused. The accused
resisted the seizure of the cattle and inflicted injuries on the raiding party. Since,
the raiding party was carrying out a lawful act, It was justified in law to seize the
cattle, no right of private defence was available to the accused. Accordingly he
was convicted.

Unlawful Assembly and Private Defence-

When five or more persons come together to form an assembly, in order to assert
their right of private defence either in respect of their person, body or property,
such an assembly cannot be termed to be an unlawful assembly. But when these

12
AIR 1965 SC 871

11 | P a g e
persons use unlawful force (i.e. when they do not act in self defence), they
constitute an unlawful assembly.

State of Bihar v. Nathu Pandey13

C was in possession of a plot of land. There were mahua trees standing thereon. C
along with his party went to the plot with the object of preventing the theft of
mahua fruits by the other party in exercise of their right of private defence of
their property. In the altercation that followed, two persons from the other party
received fatal injuries, which resulted in their death.

The Supreme Court held that an assembly could not be designated as an unlawful
assembly, if its object was to defend property by the use of force within the limit
prescribed by law. The object of C’s party was to prevent the commission of theft
of the mahua fruits in exercise of their right of private defence of their property.
Hence, they could not be termed as an unlawful assembly and made
constructively liable for the acts of the others.

Where both parties concerned assemble at a place with arms apprehending

opposition and confrontation and have come prepared to meet in, then both
parties are unlawful assemblies and the right of self- defence is not available to
either of them.

13
AIR 1970 SC 27

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RIGHT OF PRIVATE DEFENCE AGAINST ACTS OF
LUNATICS, INTOXICATED PERSONS
Section 98: Right of Private Defence against the act of a person of
unsound mind, etc-
When an act, which would otherwise be a certain offence, is not that offence, by
reason of the youth, the want of maturity of understanding, the unsoundness of
mind or the intoxication of the person doing that act, or by reason of any
misconception on the part of that person, every person has the same right of
private defence against that act which he would have if the act were that offence.

It has been seen earlier that the acts of lunatics, intoxicated persons or acts done
under mistake are not offences. The right of private defence is available only
against commission of offences.

So, s 98, IPC specifically provides that the right of private defence extends to acts
which would be offences, but for the fact that they are acts of the youth, persons
of unsound mind, acts of intoxicated persons and acts done under misconception.
It ensures that a person does not lose is right of private defence merely because
the opposite party is legally incompetent to commit an offence and is protected
because of legal abnormality. If a drunken man breaks law and attacks either the
person or property of other people, any member of the public is entitled to
exercise the right of private defence against such attack, even the drunken man
himself is entitled to the protection of law. Section 98 is based on the fact that the
right of private defence arises from the human instinct of self-preservation and
not from any supposed criminality of the person who poses danger to body and
property.

For e.g.:

 Z, under the influence of madness, attempts to kill A; Z is guilty of no

offence. But A has the same right of private defence which he would have
of Z were sane.

13 | P a g e
  A enters by night a house which he is legally entitled to enter. Z, in good
faith, taking A for a house- breaker, attacks A. Here Z, by attacking A under
this misconception, commits no offence. But A has the same right of private
defence against Z, which he would have if Z were not acting under that
misconception.

LIMITS OF THE RIGHT OF PRIVATE DEFENCE

Section 99: Acts against which there is no right of private defence-
There is no right of private defence against an act which does not reasonably
cause the apprehension of death or of grievous hurt, if done, or attempted to be
done, by a public servant acting in good faith under colour of his office, though
that act, may not be strictly justifiable by law.

There is no right of private defence against an act which does not, reasonably
cause the apprehension of death or of grievous hurt, if done, or attempted to be
done, by the direction of a public servant acting in good faith under colour of his
office, though that direction may not be strictly justifiable by law

There is no right of private defence in cases in which there is time to have

recourse to the protection of the public authorities.

Extent to which the right may be exercised- The right of private defence in no
case extends to the inflicting. of more harm than it is necessary to inflict for the
purpose of defence.

Explanation 1- A person is not deprived of the right of private defence against

an act done, or attempted to be done, by a public servant, as such, unless he
knows or has reason to believe, that the person doing the act is such public
servant.

Explanation 2- A person is not deprived of the right of private defence against

an act done, or attempted to be done, by the direction of a public servant, unless
he knows, or has reason to believe, that the person doing the act is acting by
such direction, or unless such person states the authority under which he acts, or
if he has authority in writing, unless he produces such authority, if demanded.

14 | P a g e
Section 99 stipulates the acts against which the right of private defence does not
arise. It sets the limits within which the right of private defence is to be exercised.

The first two paragraphs (read with explns 1 and 2) lay down that there is no right
of private defence against an act done or attempted to be done by a public
servant or an act done or attempted to be done by direction of a public servant,
unless it causes reasonable apprehension of death or grievous hurt, so long as the
public servant acts legally.

The right of private defence, by virtue of paragraph three of s99, is not available
when there is time available for having recourse to state authorities or for seeking
help from the state.

The last paragraph stipulates that harm caused in exercise of the right of private
defence in no case should exceed than the quantum of harm that may be
necessary for the purpose of defence.

The right of private defence of person or of property, thus, is to be exercised

subject to the following condition:

i. If a public servant does not cause reasonable apprehension of death or of

grievous hurt to the person or damage to the property;
ii. If there is no sufficient time for the recourse to public authorities, and
iii. No harm more than necessary to repel the attack is caused.

Acts of Public Servants

The section provides that no right of private defence is available against actions of
a public servant or actions done under the direction of a public servant, if it is
done in good faith under colour of his office though that action or direction may
not be strictly justifiable by law. However, this protection given to lawful acts of
public servant or person acting under their direction will not apply in cases where
the actions of the public servant cause a reasonable apprehension of death or of
grievous hurt to the parties concerned. In order words, even if government
servant is doing an act in good faith under colour of his office, if his act is such

15 | P a g e
that it causes a reasonable apprehension that it will result in death or grievous
hurt of parties, then the parties are entitled to exercise their right of private
defence against public servants.

However, explanations 1 and 2 to s 99 provide that the section will apply only if
the person, doing the act, has knowledge or has reason to believe that the doer of
the act is a public servant or is acting under the direction of a public servant. If the
person is acting under directions of a public servant then such person should state
the authority under which he acts or if the authority is in writing, he should
produce the same if demanded in order to get the protection under this section.

The restriction on the right of private defence rests on the probability that the
acts of a public servant are lawful in which case resistance necessarily amounts to
unlawful, partly on the theory that resistance in unnecessary since the law will set
right what has been wrongly done in its name, and on the ground that it is good
for the society that a public servant should be protected in the execution of his
duty even where he is in error.

Time to have recourse to Authorities

Section 99 further stipulates that there is no right of private defe3nce in cases in

which there is time to have recourse to the protection of public authorities.

The restriction is based on the fact that the right of private defence is given to a
person to repel an imminent danger to his body and property when the state help
is not available to him. Obviously, the necessity of self help disappears when he
has ample opportunity to have recourse to state authorities. In such a situation, a
delinquent, has to approach public authorities rather than taking law into his
hands.

However, the time element in s99 does not depend upon the gravity of the
offence threatened but on the accused’s reasonable apprehension that the act
would be completed by the time the public authorities act. The mere fact that the
police station is not very far away from the place of incidence cannot deprive a
person of his right of private defence.

16 | P a g e
Thus, the right of self defence of either body or property can only be at the time
when there is imminent danger or harm. If the parties had advance intimation of
the impending harm, then their remedy is to approach the appropriate
authorities. Similarly, if the alleged harm is already done, then again their remedy
is to take recourse to law and not to take law unto their hands.

Right does not extend to casing more harm than necessary

Section 99 places a further limitation to exercise the right of private defence. It

stipulates that the right of private defence in no case extends to the inflicting of
more harm than it is necessary to inflict for the purpose of defence.

Where the accused continued to assault the deceased after he had fallen down
and rendered harmless, it was held that there was no right of private defence.

Mohinder Pal Jolly v. State of Punjab14

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.

The Supreme Court held that the owner exceeded his right of self-defence in
killing the worker.

Baljit Singh v. State of Uttar Pradesh15

The accused party was in possession of some disputed land. The complainant’s
party trespassed into the land armed with lathis. The accused party tried to
protest the land from trespass, as a result of which the accused assaulted the
deceased and caused as many as 72 injuries which resulted in the death of the
deceased. It was held that the accused exceeded his right of self-defence.

Onkarnath Singh v. State of Uttar Pradesh16

14
AIR 1979 SC 577
15
AIR 1976 SC 2273

17 | P a g e
There was an incident of grappling between the accused party and complainant
party. After some time, the complainant party started fleeing. However, the
accused party chased them and made a murderous assault.

The Supreme Court held that the two incidents, i.e., the incident of the actual
grappling between the parties and the murderous assault thereafter, were two
separate both in point of time and distance. The court observed that the assault
was exceedingly vindictive and maliciously excessive. The force used was out of
proportion to the supposed danger, which no longer existed from the
complainant party.

The question whether the right of private defence exercised by an accused is in

excess of his right and whether the accused has caused more harm than
necessary, is entirely a question of fact to be decided upon the circumstances of
each case.

It is true that the violence is entitled to use in defending himself or his property
should not be unduly disproportionate to the injury which is to be averted, or
which is reasonably apprehended and should not exceed its legitimate purpose.

The exercise of the right of private defence must never be vindictive or malicious.
A vindictive or maliciously act by a person implies that the act was not done for
protecting himself or his property but with the motive of taking revenge. The right
does not allow an individual to chase and kill his assailant who is running away
from the scene. However, there can be no doubt that in judging the conduct of a
person who proves that he had a right of private defence, allowance has
necessarily to be made for his feelings at the relevant time. He is faced with an
assault which causes a reasonable apprehension of death or grievous hurt and
that inevitably creates in his mind would be to ward off the danger and to save
himself or his property, and so he would naturally be anxious to strike a decisive
blow, he must not use more force than appears to be reasonably necessary.

When a person is faced with imminent peril of life and limb of himself or of other,
he is not expected to weigh in golden scales the precise force needed to repel the
16
AIR 1974 SC1550

18 | P a g e
danger. The law therefore allows a defender, in the heat of moment, to carry his
right of private defence a little further than what would be necessary when
calculated with precision and exactitude of only that much which is required to
the thinking of a man in ordinary times or under normal circumstances. In
moments of excitement and disturbed equilibrium, it is often difficult to expect a
person to preserve composure and use exactly only so much force in retaliation
commensurate with the danger apprehended to him where assault is imminent
by use of force. In such situations, a court needs to pragmatically view the facts
and circumstances of a case and not with high-powered spectacles or
microscopes to detect slight or even marginal overstepping by a person while
exercising his right of private defence. Keeping in view normal human reaction
and conduct, the court has to give due weightage to the pragmatic facts that
occurred on the spur of the moment on the spot and to avoid a hyper technical
approach n considering them.

To begin with, the person exercising his right of private defence must consider
whether the threat to his person or property is real and immediate. If he reaches
the conclusion reasonably that the threat is immediate and real, he is entitled to
exercise his right.

In the exercise of his right, he must use force necessary for the purpose and he
must stop using the force as soon as the threat has disappeared. So long as the
threat lasts, the right of private defence can be legitimately exercised.

The law of private defence does not require that the person assaulted or facing an
apprehension of an assault must run away for safety. It entitles him to secure his
victory over his assailant by using the necessary force. This necessarily postulates
that as soon as the cause for the reasonable apprehension has disappeared and
the threat has either been destroyed or has been put to rout, there can be no
occasion to exercise the right of private defence. If the danger is continuing, the
right is there; if the danger or the apprehension about it has ceased to exist, there
is no longer the right of private defence.

19 | P a g e
WHEN THE RIGHT OF PRIVATE DEFENCE OF BODY
EXTENDS TO CAUSING DEATH
Section 100: When the right of private defence of the body extends
to causing death-
The right of private defence of the body extends, under the restrictions
mentioned in the last preceding section, to the voluntary causing of death or of
any other harm to the assailant, if the offence which occasions the exercise of
the right be of any of the descriptions hereinafter enumerated, namely:-

First – Such an assault as may reasonably cause the apprehension that death
will otherwise be the consequence of such assault;
Second – Such an assault as may reasonably cause the apprehension that
grievous hurt will otherwise be the consequence of such assault;
Thirdly – An assault with intention of committing rape;

Fourthly – An assault with the intention of gratifying unnatural lust;

Fifthly – An assault with the intention of kidnapping or abducting;

Sixthly – An assault with the intention of wrongfully confining a person, under

circumstances which may reasonably cause him to apprehend that that he will be
unable to have to have recourse to the public authorities for his release.

The right of private defence of the body extends in certain situation to the extent
of even causing death of the aggressor. This is recognized by s100, IPC. This right,
it must always be borne in mind, is subject to the restrictions imposed under s 99,
such as the fact that first, this right will not be available against a public servant
acting in good faith under color of office, unless the act causes reasonable
apprehension of death or grievous hurt, secondly, the right of private defence is
not available if there is time to take recourse to authorities, and thirdly, this right
does not extend to causing more harm than necessary. So, subject to these
conditions, the right of private defence extends to the causing of death of the
aggressor, subject to further conditions enumerated in s100.

20 | P a g e
As per s100, the right of private defence extends to causing death of the assailant
when any one of the six situations stipulated therein arise in the committing of
the offence by the doer. In other words, it provides that the right of private
defence of body extend to the causing of voluntary death of the actual or
potential assailant if he through either of the specified assaults causes reasonable
and immediate apprehension of death or grievous hurt in the mind of the
accused.

The categories of assault specified in the section are:

1. Assault to kill or cause grievous hurt;

2. Assault to commit rape to gratify unnatural lust;
3. Assault to kidnap or abduct, and
4. Assault to commit wrongful confinement.

If death is caused in the exercise of the right of private defence of body, the
defender for absolving himself from criminal liability, must prove that:

 The offence defended against was one of the six categories mentioned in s
100, and
 He acted within the limitations stipulated under s 99.

Section 100 authorities and justifies the taking away of life of a person in the
exercise of the right of self- defence, if four cardinal conditions exist.

They are:

1. The accused must be free from fault in bringing about the encounter;
2. There must be present an impending peril to life or great bodily harm,
either real or so apparent as to create honest belief of an existing necessity;
3. There must be no safe or reasonable mode of escape by retreat;
4. There must have been a necessity of taking life.

Reasonable Apprehension of causing death or Grievous Hurt Sufficient

The ‘first’ clause of s100 stipulates that the right of private defence of body
extends to causing death, when such an assault reasonably causes the

21 | P a g e
apprehension that death will otherwise be the consequence of such assault. The
‘second’ clause stipulates that when an assault causes the reasonable
apprehension that grievous hurt will otherwise be the consequence of such
assault, then the right of private defence extends to causing death.

This right of private defence rests on the general principle that where a crime is
endeavored to be committed by force, it is lawful to repel that force in self –
defence.

Amjad Khan v. State17

A communal riot broke out between the Sindhi refugees and the local Muslims.
Several Muslim shops had been broken and looted and many killed. The mob had
broken into another part of the house where the accused lived and looted it; the
women and children of his family fled to the accused for protection. The mob was
actually beating at his door with lathis. Under these circumstances, the Supreme
Court held that it was not necessary for the accused to wait and see if the mob
actually would or not destroy and loot his shop and kill his family. The threat was
implicit in the conduct of the mob and the accused had a right of private defence
and was justified in firing two shots which resulted in the death of one person.

State of Uttar Pradesh v. Zalim18

There was verbal altercation between the deceased and the accused and the
deceased took off the shoe of his left leg, the accused felt insulted, dragged him
to the middle of the road and stabbed him. The Supreme Court held that holding
of a shoe could not cause reasonable apprehension of danger in the mind of the
accused and the plea of private defence was not available to the deceased.

Parshottan Lal Ji Waghela v. State of Gujarat19

The accused belonged to the vankar caste. The deceased belonged to the
chamars, scheduled caste. The area in which the vankars lived was called

17
AIR 1952 SC 165
18
AIR 1996 SC 3278
19
(1992) Cr LJ 2521 (SC)

22 | P a g e
vankarwas. The chamar were not permitted to pass through the street in
vankarwas area. When a woman called Shantaben passed through the street in
the vankarwas area, it was objected to by the vankars. The accused kicked her in
the abdomen. Shantaben went to the temple where the chamars had gathered
for bhajans and narrated the incident. On hearing this, about seven to eight
chamars who were still at the temple proceeded towards the house of the
accused, agitated about the assault on Shantaben. The accused, in anticipation
that the chamars would come, came to the eastern end of the street of
vankarwas along with other vankars. He was also armed with a gun. There was
some pelting of stones between the parties. The accused shot dead two chamars.
He pleaded that he did so in self- defence because the chamars were hurling
stones. The Supreme Court rejected the plea stating that the chamars having
come directly from the temple were unarmed. None of the accused (vankars)
party was injured in the stone pelting. So, there could not have been any
reasonable apprehension of death or grievous hurt to the accused from the
chamars.

Assault with intention of committing Rape or Gratifying Unnatural Lust

Clauses ‘thirdly’ and ‘fourthly’ of s 100 provide that the right of private defence of
body extends to causing death in cases of assault with intention of committing
rape or unnatural lust.

Yeshwant Rao v. State of Madhya Pradesh20

The minor daughter of the accused had gone to the toilet on the rear side of the
house. The deceased caught her and had sexual intercourse with her. The accused
seeing his minor girl getting raped by the deceased, hit the deceased with a
spade. The deceased on trying to flee also fell and hit himself. He died due to
20
AIR 1992 SC 1683

23 | P a g e
injury of the liver. The prosecution case was that the minor girl had consented to
the sexual intercourse. The Supreme Court held that since the girl was a minor,
the question of ‘consent’ does not arise and the act of the deceased would
amount to committing rape under s 376, IPC, and hence, the father in defence of
the body of his daughter, was justified in exercising his right of private defence.
The accused was acquitted.

Badan Nath v. State of Rajasthan21

The Rajasthan High Court gave benefit of thirdly of s 100 to a father who killed a
person, who, taking opportunity of the absence of mother of prosecutrix and
after alluring accused to consume liquor, was attempting to commit rape on his
pregnant daughter.

Assault with intention of kidnapping or abducting

Clause ‘fifthly’ of s 100 provides that the right of private defence of the body
extends to causing death in cases of assault with intention of kidnapping or
abducting.

Vishwanth v. State of Uttar Pradesh22

The accused’s sister was staying with her father and brother (the accused)
because she did not want to live with her husband. The deceased husband came
to the house of the accused and tried t drag his wife away. The girl caught hold of
the door as she was being taken out and tug-of-war followed between her and
her husband. At this stage, the accused (the brother of the wife) took out a knife
and stabbed against the deceased (the husband) once. The knife penetrated the
heart and he fell down senseless and thereafter died. The accused put up the plea
that this case would come under ‘fifth clause of s 100.

The prosecution contended that ss 364-369 of the IPC do not make ‘abduction’ a
pure and simple crime. As per these clauses, abduction coupled with certain
intents such as murder, wrongful confinement is alone an offence. So, the right of

21
(1999) Cr LJ 2268(Raj)
22
AIR 1960 SC 67

24 | P a g e
private defence under clause ‘fifthly’ of s 100 will be available only when the
abduction is with some other intent. If it is just abduction, the benefit of s 100 is
not available. The Supreme Court rejected this argument and held abduction, in
clause (5) of s 100, means only abduction simpliciter as defined under s 362 of the
IPC, ie where a person is compelled by force to go from any place. It ruled that the
moment there is an assault with intention to abduct; the right of private defence
is available. It would not be right to expect from a person who is being abducted
by force to pause and consider whether the abductor has further intention as
provided in s 364-369, IPC. Moreover, the fifth clause itself does not qualify the
term ‘abduction’ and hence, the clause must be given full effect according to its
plain meaning. The clause merely requires that there should be an assault, which
is an offence against

human body and that assault should be with the intention of abducting. The apex
court acquitted the accused.

Assault with intention of wrongful confinement

The ‘sixthly’ of s100 provides that the right of private defence of body extends to
causing death when there is an assault with intention of wrongfully confining a
person. This is further qualified that such wrongful confinement must be under
circumstances, which cause reasonable apprehension that the person will not be
able to have recourse to public authorities for his release.

A person wrongfully arrested and being taken to the police station for being
handed over to police cannot be said to have a reasonable apprehension that he
will be unable to have recourse to the authorities for his release. However, if an
assault with intent to cause wrongful confinement is made by a private individual
and if he is unable to have a recourse to a public authority for his release, he can
avail the right of private defence of body mentioned in ‘sixthly’ of s 100.

In order to apply ‘sixthly’ of s 100, there must be proof of the following facts,
namely:

i. There must be assault;

ii. That assault must be with the intention of wrongful confinement;
25 | P a g e
 iii. Such an assault must e made under the circumstance which may
reasonably cause a person to apprehend that he will be unable to have
recourses to the public authorities for his release;
iv. All the three must co-exist, and
v. Even if all these four exist, the act must fall under the restriction mentioned
under s 99.

WHEN THE RIGHT IF PRIVATE DEFENCE OF BODY DOES

NOT EXTEND TO CAUSING DEATH
Section 101: When such right extends to causing any harm other
than death-
If the offence be not of any of the descriptions enumerated in the last preceeding
section, the right of private defence of the body does not extend to voluntary
causing of death to the assailant, but does extend, under the restrictions
mentioned in section 99, to the voluntary causing to the assailant of any harm
other than death.

As per s 101, IPC, the right of private defence of body will extend to causing harm
and not death in all other situation except as provided in s 100. In other words, the
right of private defence of body will extend to casing death of the assailant, only in
the situations stated in s 100. In all other situations, the right of private defence of
body will only extend to causing any ‘harm’, short of death. However, it is
pertinent to note that in all these cases, the defender’s right of private defence is
subject to the limitations mentioned in s 99.

Yogendra Morarji v. State of Gujarat23

There was a dispute over payment of dues claimed by the deceased from the
accused in respect of digging of a well in the accused’s land. The accused’s jeep
was stopped in the middle of the road by the deceased and others. The deceased
party pelted stones on the accused. The accused fired three rounds, one of which
hit the deceased. The question before the court was whether the accused had a right

23
AIR 1980 SC 660

26 | P a g e
of private defence and if so, did it extend to causing of death or did it fall short of
causing death?

The Supreme Court held that the moment the jeep of the accused stopped by the
deceased and others, in the background of the dispute over the dues claimed, there
was all possibility that the accused had reasonable apprehension of physical harm
at the hands of the deceased and others.

But, the question whether the right extended to causing death, the Supreme Court
held that the accused was travelling in a closed station wagon and so even if the
deceased were pelting stones, he could not have reasonably apprehended death or
grievous hurt as a result of the stone throwing. Furthermore, the accused had fired
three rounds in quick succession. He should have fired one round and waited to see
its effect on the group attempting to surround him before firing the next round. In
view of the above, the court held that the right of private defence of the accused
extended to only cause harm and not death. By killing the deceased, the accused
had exceeded his right and hence was convicted under s 304, IPC.

For claiming right of private defence extending to voluntarily causing death, the
accused must establish that there were circumstances giving rise to reasonable
grounds for apprehension that either death or grievous hurt would be caused to
him. Such a reasonable apprehension is required to judge subjectively. The
apprehension is in the mind of the person exercising the right of self- defense and
the apprehension is to be ascertained objectively with reference to events and
deeds at that crucial time and in the total situation of surrounding circumstances.

COMMENCEMENT AND CONTINUATION OF THE RIGHT OF

PRIVATE DEFENCE
Section 102: Commencement and continuation of the right of
private defense of the body-

27 | P a g e
The right of private defence of the body commences as soon as a reasonable
apprehension of danger to the body arises from an attempt or threat to commit
the offence though the offence may not have been committed; and it continues as
long as such apprehension of danger to the body continues.

Section 102 provides that the right of private defence commences as soon as a
reasonable apprehension of danger to the body arises from an attempt or threat
to commit the offence, though, the offence may not have been committed. It
does not commence until there is a reasonable apprehension. However, mere
threat to body is sufficient to commence the right. It lasts so long as the
reasonable apprehension of the danger to the body continues. Therefore, a
person cannot get benefit of s 102, if he continues his attack even when the
apprehension of danger becomes past.

The danger or the apprehension of danger must be present, real or apparent. The
right of private defence is available when one is suddenly confronted with
immediate necessity of averting an impending danger that is not his creation.

Further, the right of private defence continues as long as such apprehension of

danger to the body continues. Thus, the right of private defence is co-terminus
with the commencement and existence of a reasonable apprehension of danger
to commit the offence. So, when the accused after a grappling incident,
murderously assaulted a fleeing party, it was held that the supposed danger came
to an end when he attacked the deceased and when the danger was over, the
accused’s right to private defence got over as well. The accused had no right to
chase and kill the deceased.

WHEN THE RIGHT OF PRIVATE DEFENCE OF PROPERTY EXTENDS TO

CAUSING DEATH

28 | P a g e
Section 103: When the right of private defence of property extends to
causing death-
The right of private defence of property extends, under the restrictions
mentioned in section 99, to the voluntary causing of death or of any other harm
to the wrong-doer, if the offence, the committing of which, or the attempting to
commit which, occasions the exercise of the right, be an offence of any of the
descriptions hereinafter enumerated, namely:-

First – Robbery;

Secondly – House-breaking by night;

Thirdly – Mischief by fire committed on any building, tent or vessel, which

building, tent or vessel is used as a human dwelling, or as a place for the custody
of property;

Fourthly – Theft, mischief, or house-trespass, under such circumstances as may

reasonably cause apprehension that death or grievous hurt will be the
consequence, if such right of private defence is not exercised.

A person employed to guard the property of his employer is protected by ss. 97,
99, 103, and 105 if he causes death in safeguarding his employer’s property when
there is reason to apprehend that the person whose death has been caused was
about to commit one of the offences mentioned in this section or to attempt to
commit one of those offences. A person whose duty is to guard a public building
in the same position, that is to say, it his duty to protect the property of his
employer and he may take such steps for this purpose as the law permits. The fact
that the property to be guarded is public property does not extend the protection
given to a guard.

In Jamuna Singh’s case24 a police constable on guard duty at a magazine or

other public building is not entitled to fire at a person merely because the latter
does not answer his challenge.

24
(19$$) 23 Pat 908

29 | P a g e
In Gurdatta Mal’s case25, the deceased, none of whom was in possession of
any dangerous weapons, were harvesting crop on a plot of land with peaceful
intention under the protection of police. The accused who claimed the crops did
not approach the authorities for redress, although they had time to do so, sent
away the police constables by a ruse and then attacked the deceased with guns
and other dangerous weapons and shot them down at close range. It was held by
the Supreme Court that the acts of the deceased did not amount to robbery and
that the accused had no right of private defence of property.

Section 104: When such right extends to causing any harm other than
death-
If the offence, the committing of which, or attempting to commit which,
occasions the exercise of the right of private defence, be theft, mischief, or
criminal trespass, not of any descriptions enumerated in the last preceding
section, that right does not extend to the voluntary causing of death, but does
extend, subject to the restrictions mentioned in section 99, to the voluntary
causing to the wrong-doer of any harm other than death.

As per s104, if theft, mischief or house-trespass does not create any reasonable
apprehension of death or grievous hurt, then the right of private defence of
property extends to voluntary causing to the wrong-doer of any harm other than
death.

Section 103, thus, envisages that in the exercise of the right of private defence a
person can cause death only in the specific cases mentioned therein while s 104
applies to cases where harm other than death of the assailant can be caused
provided conditions stipulated there under are satisfied.

And if a group of armed persons comes to evict him from his land, he, having
reasonable apprehension of death or of grievous hurt, can even cause death of
aggressors to repel the imminent danger to his body and property.

25
AIR 1965 SC 257

30 | P a g e
 Nathan v. State of Madras26
The accused party was in possession of the land and the complainant party tried
to forcibly harvest and take away the crop. Since the complainant party was not
armed with any deadly weapon and there could not have been any fear of death
of death or grievous hurt, it was held that as per s104, the right of private defence
of the property of the accused extended only to the extent of causing harm other
than death.

The right of private defence does not extend to causing death of the person who
committed merely criminal trespass. Only a house-trespass committed under
such circumstances as may reasonably cause apprehension that death or grievous
hurt would be the consequence, justifies death of an assailant as it is enumerated
as one of the offences under s 103. However, if an accused is able to prove that
the deceased- assailant after trespassing in the open land caused reasonable
apprehension of grievous hurt or death that necessitated killing of the assailant,
will absolve him from the liability under s100 of the IPC.

COMMENCEMENT AND CONTINUATION OF THE RIGHT OF PRIVATE

DEFENCE OF PROPERTY

Section 105: Commencement and continuance of the right of private

defence of property-
The right of private defence of property commences when a reasonable
apprehension of danger to the property commences.

The right of private defence of property against theft continues till the offender
has effected his retreat with the property or either the assistance of the public
authorities is obtained, or the property has been recovered.

The right of private defence of property against robbery continues as long as

the offender causes or attempts to cause to any person death or hurt or

26
AIR 1973 SC 665

31 | P a g e
wrongful restraint or as long as the fear of instant death or instant hurt ir of
instant personal restraint continues.

The right of private defence of property against criminal trespass or mischief

continues as long as the offender continues in the commission of criminal
trespass or mischief.

The right of private defence of property against house-breaking by night

continues as long as the house-trespass which has begun by such house-
breaking continues.

As per s105, the right of private defence of property commences when a

reasonable apprehension of danger to the property commences.

The right of private defence of property in cases of theft continues until the
offender has effected his retreat with the property, or either assistance of the
public authorities obtained, or the property has been recovered.

The right of private defence of property against robbery continues as long as the
offender causes or attempts to cause to any person death or hurt, or wrongful
restraint or as long as the fear of instant death or of instant hurt or of instant
personal restraint continues.

The right of private defence of property against criminal trespass or mischief

continues as long as the offender continues in the commission of criminal
trespass of mischief.

The right of private defence of property against house-breaking by night

continues as long as the house-trespass which has been begun by such house-
breaking continues.

32 | P a g e
RIGHT OF PRIVATE DEFNCE EXTENDS TO THE CAUSING OF
UNAVOIDABLE HARM TO INNOCENT PERSONS

Section 106: Right of private defence against deadly assault when

there is risk of harm to innocent person-
If in the exercise of the right of private defence against an assault which
reasonably causes the apprehension of death, the defender be so situated that
he cannot effectually exercise that right without risk of harm to an innocent
person, his right of private defence extends to the running of that risk.

Section 106, IPC, provides that when there is a deadly assault on a person which
causes a reasonably apprehension of death and his right of private defence
cannot be effectively exercised without causing harm to an innocent person, then
in such situations, any harm caused to innocent persons is also protected by law.

In other words, in the exercise of the right of private defence, if, some innocent
person is killed or injured, law protects the man exercising the right of private
defence by exempted him from criminal liability.

Wassan Singh v. State of Punjab27

There was a fight between two groups. The accused himself received nine
injuries. He shot at the assailants with his gun, which however, hit an innocent
woman bystander, killing her. The Supreme Court held that the accused had the
right of private defence and hence he was acquitted.

27
(1996) Cr LJ 878 (SC)

33 | P a g e
 Conclusion

Self-defence against criminal assault is a valuable right serving a social purpose

and should not be construed narrowly by courts in recording a conviction, the
Supreme Court has held.

“In adjudging the question whether more force than was necessary was used in
the prevailing circumstances on the spot, it would be inappropriate to adopt tests
by detached objectivity which would be so natural in a courtroom, or that which
would seem absolutely necessary to a cool bystander,” said a Bench consisting of
Justices Arijit Pasayat and Mukundakam Sharma.

“The person facing a reasonable apprehension of threat to himself cannot be

expected to modulate his defence step by step with any arithmetical exactitude of
only that much which is required in the thinking of a man in ordinary times or
under normal circumstances.”

The Bench gave this ruling while acquitting Gajanand, who was awarded life
imprisonment by the trial court and which sentence was confirmed by the
Rajasthan High court. The appellant contended that while exercising the right of
private defence he dealt two blows to the deceased, who had attacked him.

Writing the judgment, Justice Pasayat said: “In order to find out whether the right
of private defence is available to an accused, the entire incident must be
examined with care and viewed in its proper setting. A person who is
apprehending death or bodily injury cannot weigh in golden scales, on the spur of
moment and in the heat of circumstances, the number of injuries required to
disarm the assailants who were armed with weapons.”

The Bench said: “In moments of excitement and disturbed mental equilibrium it is
often difficult to expect the parties to preserve composure and use exactly only so
much force, in retaliation, commensurate with the danger he apprehends, where
assault is imminent by use of force, it would be lawful to repel the force in self-
defence and the right of private defence commences, as soon as the threat
becomes so imminent.

34 | P a g e
“Such situations have to be pragmatically viewed and not with high-powered
spectacles or microscopes to detect a slight or even marginal overstepping. Due
weightage has to be given to, and hyper technical approach has to be avoided in
considering, what happens on the spur of the moment on the spot and keeping in
view normal human reaction and conduct, where self-preservation is the
paramount consideration.”

The Bench said: “Section 96, IPC provides that nothing is an offence which is done
in the exercise of the right of private defence. The Section does not define the
expression ‘right of private defence’. A plea of right of private defence cannot be
based on surmises and speculation. While considering whether the right of
private defence is available to an accused, it is not relevant whether he may have
a chance to inflict severe and mortal injury on the aggressor.”

35 | P a g e
 Bibliography

 Criminal Law – PSA Pillai

 Indian Penal Code – Ratanlal and Dhirajlal
 Criminal Manual
 Textbook on Criminal Law – Glanville Williams

36 | P a g e