A study on the right of

private defense with

relevant case laws
Subject: Law of Crimes
Student Name: Viren Dipakbhai Sarvaiya
Roll No. and Division: 51-A (FYLLB – Sem II)
Faculty Name: Prof. Poorva Dighe
Introduction
 Right of Private Defense arises when an individual or his property is in
danger and apprehension that harm will cause to oneself or property

 Right of Private Defense covered under Section 96 to 106 of IPC

 Munney Khan vs State of Madhya Pradesh – It was held that all the
Section 96 to 106 have to be read together for scope and limitations
of this right

 Such Right of Private Defense to be applied the proportion of the

force so faced – revered Parke J.
Scope And Applicability Of Right Of
Private Defense
 State has the duty to protect individuals against the unlawful acts on
their person and property
 If aid can not be obtained then can do everything to protect himself
 Violence should be strictly in proportion to the injury to be averted
 Such danger should not be of his own creation
 Such necessity must be present, real and apparent – Laxman V State
of Orissa
 Plea for self defense was rejected where evidence showed that the
deceased was unarmed and was not aggressor – Kuduvakuzinyil
Sudhakaran v State of Kerala
 Free fight where both sides mean to fight from the start is exempted
Genesis And Applicability Of The Right
To Private Defence
 Based on the theory of protection of oneself from the harm inflicted
by the other person

 Right to protect oneself when body or property is in danger

 Jagdish Chandra v. State of Rajasthan – while deciding fate of the

situation one should place himself in the seat of the accused to assess
how one would have reacted in given situation in that very moment
Elucidation Of The Extent In Invoking
The Right To Private Defence
 If in furious and unstable mind a shot is fired then later can take the
defence of private defence – Katta Surendra v. State of UP
 Free fight – right of private defence not applicable – Dwarka Prasad v.
State of UP
 Public servant exercising his duty but does not have warrant and
owner of house resist police entry, right to private defense not
available to owner – Pukot Kotu
 Activists demanding closure of the shop during Bharat Bandh and
attempted to attack the shop owner, in self defense shop owner fired
the shots killing 2 persons, the act of the shop keeper was justified in
view of the court – James Martin v State of Kerala
Conclusion

 This topic provides application and remedies for offences which are
otherwise punishable under IPC
 Application of Right of self defense depends upon situation and
circumstances
 Such application should be in proportion to the force applied
THANK YOU