Study on Right to Private Defence

  • Nandharagh P.H
  • Show Author Details
  • Nandharagh P.H

    Student at Bharata Mata School of Legal Studies, India

Abstract

Section 96 to 106 of the Indian Penal Code, 1860 provides for various provisions relating to the right of private defence. Some of the aspects of the right to defence under the ipc are that no right of self-defence can exist against an unarmed and un offending individual, the right is available against the aggressor only and it is only the person who is in imminent danger of person or property and when no state help is available. The law confers right on every individual to defend his life, liberty, and property, when he is confronted with an imminent danger or unlawful aggression. The imminence of danger is also an important prerequisite for the valid exercise of self-defence. Right of private defence means committing an offence in exercise of one’s own right to defend or protect his life, liberty or property. Necessity knows no law” is a common saying which means that an act done out of necessity cannot be subjected to the rules of law. The law of Private Defence being the natural and inalienable right of every man, the law of society cannot abrogate it.

Type

Research Paper

Information

International Journal of Law Managment and Humanities,
Volume 4, Issue 2, Page 2333 - 2337

DOI: http://doi.one/10.1732/IJLMH.26513

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.

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