private defence
Nothing is an offence if done in the exercise of the right of private defence. The right covers the body of oneself or any other person, and property (one's own or another's) against theft, robbery, mischief and criminal trespass. It is defensive, not punitive: it begins when there is reasonable apprehension of danger and lasts only as long as that apprehension continues.
The force used must not exceed what is necessary, and the right does not arise where there is time to seek the protection of public authorities. It extends to causing death only in the grave cases listed, such as reasonable fear of death, grievous hurt, rape or kidnapping. The accused need prove it only on a preponderance of probabilities, and need not weigh the force “in golden scales”.
Example
Faced with an armed attacker, the accused had a right of private defence extending to causing death, and was not required to run away.
In Indian law
- ss.34 to 44 BNS (old ss.96 to 106 IPC)
- Darshan Singh v. State of Punjab, 2010 INSC 45: principles governing the right of private defence
See also
general exceptions · culpable homicide · murder · grave and sudden provocation
Read more in the study notes
- The right of private defence (Bharatiya Nyaya Sanhita)
- Crime: meaning, elements and stages (Bharatiya Nyaya Sanhita)
- General exceptions: mistake, accident, necessity and incapacity (Bharatiya Nyaya Sanhita)
- Culpable homicide and murder (Bharatiya Nyaya Sanhita)
- Confessions: meaning, forms, voluntariness and confessions to the police (Bharatiya Sakshya Adhiniyam)
- Legal words and their usage: Accused to Juvenile (English)