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  • Read the following passage and answer the question. The right of private defence of people is recognized in all free, civilised, and democratic societies within certain r

Read the following passage and answer the question.

The right of private defence of people is recognized in all free, civilised, and democratic societies within certain reasonable limits. Those limits are dictated in two considerations:

Every member of society can claim this right- That the state takes responsibility for the maintenance of law and order-This right of private defence is preventive and not punitive.

Supreme Court said that the right of private defence is a defensive right surrounded by the law and is available only when the person is able to justify his circumstances. This right is available against an offence and therefore, where an act is done in the exercise of the right of private defence, such an act cannot go in favour of the aggressor. The legal position which has been crystallised from a large number of cases is that the law does not require a citizen, however law-abiding he may be, to behave like a rank coward on any occasion. This principle has been enunciated in Mahandi v. Emperor. In Gotipulla Venkatasiva Subbrayanam & Others v. The State of Andhra Pradesh & Another (1970) 1 SCC 235, this court held that "the right to private defence is a very valuable right and it has been recognized in all civilized and democratic societies within certain reasonable limits. 

The extent to which the right may be exercised. - The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence. The extent to which the right may be exercised. - The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence. The main question that arises for adjudication, in this case, is whether the accused-appellants had the right of private defence and this is the case of exceeding the right of private defence meaning thereby, inflicting more harm than it was necessary for the purpose of defence.

Question :

Pulkit is a thief who trespasses into the Raj’s property and hits him with a stick. Raj got his pistol and shot Pulkit in his chest. Decide on the liability.

Option: 1

Raj acted within his right to private defence


Option: 2

Raj acted unreasonably and exceeded his right


Option: 3

Raj has the right to private defence as Pulkit was a thief and also hit Raj


Option: 4

Raj has the right to private defence and he will get the benefit of defence of private defence


Answers (1)

best_answer

In the present case, Raj uses excessive force, shooting the thief in the chest is not proportional force, therefore, no benefit of the right to private defence will be available to him.

Posted by

Deependra Verma

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