Anmol Goyal, Indian Law Institute
ABSTRACT
Self-Preservation is the instinct because of which the human race survived in the primitive era. As the society moulded itself into a civilised society, the human race started to compromise some of its liberty in return for certain safeguards. This exchange of liberty and safeguards/privileges is the pillar of social contract theory. But a state cannot be omni-present to safeguard its person and property each and every second. In such scenarios the instinct of self-preservation developed into the concept of right to self-preservation which includes the right to private defence. In order to protect the Fundamental Right of Life and Personal Liberty, a person might have to take actions on behalf of the state in the circumstances where the state is not able to safeguard and uphold the rights of its citizens. So, this defence of the right to private defence is available to the individuals in order to safeguard themselves from the attacker in circumstances where the protection through state is not possible. The defence is available only when there is some imminent and reasonable danger to his/her life or property and there is no option of recourse through the public authority due to the suddenness. In the present paper, the scope, extent, limitation and burden of proof, in the exercise of right to private defence is analysed.
Keywords: Private Defence, safeguard, imminence, danger, apprehension
留言