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An Examination Of The Right To Private Defence In The Indian Penal Code
- Author(s):
- Laiba Fatima
- Contributor(s):
- Yashika Sharma (see profile)
- Date:
- 2022
- Subject(s):
- Law
- Item Type:
- Article
- Permanent URL:
- https://doi.org/10.17613/srxx-xk51
- Abstract:
- Every person in India has the right to self-defend against any external force that may cause harm or injury to them. It is using otherwise illegal means to protect oneself or another person, safeguard property or prevent any other crime. The provisions of Sections 96 to 106 of the Indian Penal Code 1860 govern every person in India's right to self-defence. Citizens of any free society should have the right to self-defence to protect themselves from any impending harm when governmental assistance is unavailable or unworkable. This right should be understood in conjunction with the state's obligation to safeguard its citizens and their property. It was granted to every citizen of India as a right to self-defence, but many people abuse it by using it as an excuse to commit any crime or offence. As a result, this right to private defence is subject to some limitations and restrictions. Though the right to private defence was granted to Indian individuals as a weapon for self-defence, it is frequently utilised for ill or unlawful reasons by many people. The court has the duty and obligation to evaluate whether the right was exercised in good conscience or not. Keywords- self-defence, safeguard, unlawful, sections
- Metadata:
- xml
- Published as:
- Journal article
- Status:
- Published
- Last Updated:
- 1 year ago
- License:
- Attribution
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