Status Of Right To Private Defence Under IPC

Ronak Taneja, BBA LLB, Maharaja Surajmal Institute, (Affiliated by Guru Gobind Singh Indraprastha University)

ABSTRACT

This research paper explores the intersection between justice, personal autonomy, and private defense, commonly known as the right to self- defence, under the Indian Penal Code (IPC). This document highlights the importance of maintaining the delicate balance between individual rights and social order, and addresses the nature, scope and legal provisions of private defense.

Private defense is the use of illegal means to protect oneself, others, or property from harm or to prevent a crime. Sections 96 to 106 of the IPC provide guidelines for the right of individual self-defence to be invoked in the event of an imminent threat where government assistance is not available. The Supreme Court's decision plays an important role in cementing this right.

The concept of private defense is rooted in the principle of self-help, according to which individuals in societies that value freedom have a primary duty to protect themselves when immediate government assistance is not practical. It is said that there is. The law comes into effect when police do not have time to intervene, and acts of self-defense are not treated as criminal offenses even though they are normally illegal.

The scope of private defense as provided in Sections 97 to 106 of the IPC includes defense of person and property against crimes such as robbery, theft and trespassing. This law is defensive rather than punitive, ensuring that measures are appropriate and appropriate.

The legal provisions in sections 96 to 106 describe the circumstances in which the right of private defense may be exercised, the permissible level of force, and the reasonable assessment of risk that justifies such defense. doing. These provisions aim to empower individuals while maintaining a responsible framework for acts of violence.

This paper further considers specific situations in which private defense may be justified, such as imminent risk of death, risk of serious harm, or protection of property. We review case law and case studies to explain how courts interpret and apply these standards in different situations.

This comprehensive examination of justice, personal autonomy, and private defense in a legal context provides valuable insights into understanding the practical implications of the right of self defense in real-world scenarios.