Law of Crimes

Private Defence – § 96-106 of IPC, 1860

Previous Year Questions –

Q. Right to private defence under the Indian Penal Code, 1860 is available only to an innocent person. It is not a right to retribution. Analyze. 

Q. What is meant by right of private defence? What are the general principles which form the basis of right of private defence?

Important Provisions – Sections 96 to 106 of the Indian Penal Code, 1860

Important Observations –

  • The right of private defence is essentially a defensive right provided by the IPC and it is available only when the circumstances clearly justify 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.

Important Case Laws –

  • Rajesh Kumar v Dharamvir – Right to private defence is exercised only to repel unlawful aggression. 
  • Deo Narain v State of Uttar Pradesh – Right to private defence is not to punish the aggressor for the offence committed by him. 
  • Jassa Singh v State of Haryana – Right to private defence is basically preventive in nature and not punitive.
  • Onkarnath Singh v State of Uttar Pradesh – It is neither a right of aggression nor a reprisal. 

Categories: Law of Crimes

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