Case law on private defence. Right of Private Defence (Section 96 to 106 IPC) : Indian Penal Code 1860 2019-01-17

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Abuse of the Right of Private Defence: Case based Analysis

case law on private defence

The accused would be entitled to an acquittal if there is a reasonable possibility that he acted in self-defence. He argued that the accused did not plan to murder the deceased. In these circumstances, it was inconceivable that a reasonable man could have believed that he was entitled to fire at or in the direction of the persons outside in defence of his life or property. However, compensation must ordinarily be paid for any harm done in the process. It also applies to the defence of a stranger, and may be used not only against culpable but against innocent aggressors. In the incident,one stranger was thrown out of the jeep died while the other stranger was severely injured.

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“Right of Private Defence”

case law on private defence

As in the case of Baender v Barnett a fire broke out in a maximum security prison, and the prisoners, threatened by death, break out of their cells. Defendant was held liable and the plaintiff was compensated. De Oliveira had been in a state of comparative safety. With this illustration public necessity is being defined. Thus an application under s 174 cannot be allowed.

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Arjun Vs. State of Maharashtra

case law on private defence

In a given case, however, proved facts or circumstances may exist which would justify a different conclusion. Once the prosecution has produced evidence sufficient to establish a prima facie case, an accused who fails to produce evidence to rebut that case is at risk. The test is an objective one. Private Defence In Various Legal Systems English Law As the common law system does not provide a statutory definition of self-defence, it is often the opinions of legal authorities that are relied upon. She also did not show any contrition or appear to have been moved. The right of private defence under Section 97 also embraces the protection of the property of another -person against such offences.

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Private defence Flashcards

case law on private defence

All free, democratic and civilized countries recognize the right of private defense within certain reasonable limits. The previous examples of the proportionality rule are too trivial to be helpful. Later, all the accused were arrested by 04. Defendant was not held liable as it was sheer case of accident. There were two degrees of criminal homicide, namely, murder and manslaughter, and two degrees of homicide that did not expose a person to punishment, namely, justifiable and excusable. There should be imminent threat to the personal safety or property. He cannot be sued in torts merely because there was not a proper consent from intoxicated person.

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S v De Oliveira

case law on private defence

The traditional rule is that even death may be inflicted in defence of the possession of a dwelling; and in Hussey this was applied even where the aggressor was acting, and was known to be acting, under a claim of right. When a person carefully interferes with the rights of another person,it is no defence to say that he had honestly believed that there was some justification for the same. KeyPoint : Same will be the case if a person goes to watch a cricket match and was injured by the ball hit by the batsman,here also plaintiff will not be compensated as he himself decided and agreed to the risk by watching the cricket match Padmavati V. In this case the State did not have a version at all of how the killing occurred save that the killing had occurred. This maxim makes it clear that private defense its more kind of a privilege enjoyed by many person. Williams The defendant was a singer who use to teach students about singing. At this point Mrs Cordeiro woke up.

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Right of Private Defence (Section 96 to 106 IPC) : Indian Penal Code 1860

case law on private defence

They show that the appellant acted far too precipitately or used excessive force to effect his escape. The Accused persons and those who went with them quite clearly expected trouble. Speculative hypotheses favourable to the offender, undue sympathy, aversion to imprisoning first offenders, personal doubts as to the efficacy of the policy underlying the legislation, and marginal differences in personal circumstances or degrees of participation between co-offenders are to be excluded…. As stated earlier the Accused persons as well as the other Policemen who accompanied them to the farm were issued with R5 rifles at the Seymour Police Station. Thus, we can see how the ability to give consent is determined in different cases with respect to the facts in the given situation. The right to life is fundamental and is protected in our Constitution and cannot be sacrificed at the altar of a flimsy and unfounded self-defence. The effect of the authorities, as I understand them, is this: Whether the statement before the Court is a record of evidence at an insolvency interrogation or any other extra-judicial statement, the Court must consider every part of the statement which bears, directly or indirectly, upon the issues in the trial in which it has been produced.

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On Private Defence, from the Textbook of Criminal Law

case law on private defence

In these circumstances, Reotisingh the deceased was the aggressor, and was causing hurt to Zulfiquar, the brother of the appellant, so that a right of self-defence of body of his brother had accrued to the appellant. Case Laws For Rescue Cases :- Haynes V. But you said that reasonable excuse is a defence. I shall not waste my days trying to prolong them. One day prior to the incident two of the complainants had a talk with J on the assumption that he was in possession. On seeing the same, the appellant stabbled the deceased on the back with a knife, which resulted in his death.

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Oscar Pistorius: Criminal Law 101 » Constitutionally Speaking

case law on private defence

According to Section 99 of Indian Penal Code there is no right of Private defence - i against the acts of a public servant acting in good faith and; ii against the acts of the those acting under the authority or direction of a public servant. It has been pointed out earlier that the right of private defence is available only against offences. B is not justified in shooting, but must submit to being slapped. On coming to know about the assault on one of the accused and his companions, some other person came for their protection, they were within their right of private defence, subject of course to the restriction contained in Section 99. By that time, the approach seemed to have been firmly established.

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