Ambit Of Right of Private Defence Under Indian Penal Code

Abstract

Private defence is an excuse from any crime against the person or property. There are many situations under which a person is put where they need to defend themselves in order to protect their own self or their property or their person. In such consequences when a person does an act that may or may not be a crime, then for that act they are excused by the law for having acted under private defence. The basic underlying principle of private defence is vim enim vi defendere omnes leges emniaque jure permittunt which means that a man, therefore, incurs no liability, if he kills another’s slave who attacks him. Every legal system recognises the right, and its scope varies in inverse proportion to the state’s ability to protect the subject's life and property (citizens). It is the primary responsibility of the state to protect the lives and property of individuals, but no state, no matter how large its resources, can afford to detain a cop to follow every rogue in the country. As a result, the state has granted every citizen of the country the right to take the law into his own hands for his or her own safety. An act done in exercise of this right is not an offence and does not, therefore, give rise to any right of private defence in return. Right of private defence is a good weapon in the hand of every citizen to defend himself. This right is not of revenge but toward the threat and imminent danger of an attack. But people can also like misuse this right. It is very difficult for court to find out whether this right had been exercised in good faith or not. The Indian Penal Code has laid down provisions under Section 96 to 106, explaining in detail the right of private defences, when one can exercise it and relevant provisions.