Do Criminal Lawyers Help Me in Self Defence Case ?
The first rule of criminal law is self-help. Every person in India has the legal right to self-defence of body and property under the penal code. The legislation governing the right to private defence of person and property is set forth in Sections 96 to 106. A Criminal Lawyer In Pune can help you understand the provisions of the right to self-defence better.
The protection of a citizen's life and property is the state's first priority, however, it is impossible for the government to monitor every single behaviour of its inhabitants. When a person's life or property is at risk, there may be instances where the state is unable to intervene right away. According to the Indian Penal Code, private defence is a right.
The state's first responsibility is to safeguard its inhabitants from harm. However, there may be instances where the state is unable to provide assistance or is otherwise unable to safeguard a person from immediate injury or danger. An individual is granted the right by the state to use force in this situation to protect his or another person's property or person from an imminent threat. This is called the right to self-defence or private defence. A Criminal Lawyer In Kolkata can prove that circumstances existed for the right to self defence.
The right of private defence is required for the protection of life, liberty, and property, in the words of Jeremy Bentham.
- Everyone has the right to defend his or her own body, property, and the body or property of another privately.
- In situations when the accused is a belligerent party, the right to a private defence is not applicable.
Provisions in the Indian Penal Code Relating to Right to Private Defence:
Section 96:
Nothing that is done in order to exercise one's right to private defence constitutes an offence.
Section 97:
Private
right of body and property defence:
Every person
has the right to defend:
(1) His own
body and the body of another person against any offence legitimately committed
against the human body, subject to the limitations in section 99.
(2) The property, whether it be movable or immovable, of oneself or any other person against any conduct that constitutes or is an attempt to constitute theft, robbery, mischief, or criminal trespass.
Section 98:
Right to
self-defence against the actions of those who lack the capacity for reason,
etc.:
When a
person commits an act that would normally be illegal, but is not prosecuted
because of their immaturity, lack of comprehension, insanity, or intoxication,
or because they have a misperception about what is legal or illegal. Each
person is entitled to the same private defence against the act as they would if
it were an offence.
Section 99:
An Act,
which prohibits the use of private defence
There is no
right to a private defence in India, according to section 99 of the penal code.
- Against the good faith actions of a public worker.
- Against an action taken by a person acting on the orders or authority of a public servant.
- When a resource has enough time to reach a public authority.
- The amount of damage that may be done must never be excessive.
Section 100:
When a person's right to self-defence of the body includes killing someone:
There must
be four circumstances in place in section 100 of the Indian Penal Code to be
invoked.
- The individual using their right of self-defence must not have done anything wrong to cause the encounter.
- Impending injury, rape, unnatural lust, kidnapping or abduction, wrongful incarceration, etc. must be present.
- There must be no circumstance or practical means of escape, such as retreating, etc.
- There has to be a good reason for taking the life.
Section 101:
When the scope of such a right includes causing injury that is not fatal:
The right of
the private body does not extend to the voluntary killing of the attackers if
the offence does not fit any of the descriptions listed in the last preceding
section, although it extends under the restrictions mentioned in section 99 to
the voluntarily inflicting of any injury other than death.
Section 104:
Whenever there is the ability to do harm other than death:
Subject to the limitations mentioned in section 99, the right of private defence extends to causing any other harm, not to cause death, if the offence is not one of those described under section 103.
Nearly all nations currently have legal recognition of the right to private defence. A person has the right to protect his or her own body and property as well as that of others. It is not a crime if someone commits an act during this procedure. It is a right that belongs to every person, within certain restrictions and conditions. In some situations, the law has allowed someone the freedom to even inflict death in place of private defence. Criminal lawyers can help you defend cases on the basis of a right to self-defence. A Criminal Lawyer In Delhi has a thorough knowledge of the Indian Penal Code.
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