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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

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 :

Q's house is adjacent to a public park. Q used the park to dry his clothes and also has a small piece of area that he used as his kitchen garden. Q fenced the kitchen garden to protect his vegetables. The locality people filed a complaint against Q. Which of the following defences Q can plead?

Option: 1

Right to protect one’s body only

 


Option: 2

Right to protect one’s property


Option: 3

Right to protect one's own or another's body of property


Option: 4

None of the above


Answers (1)

best_answer

In the defence of the right to private defence the person has the right to protect one's own or another's body of property. But in the present case, the area used by Q as a kitchen garden is not his own property but public property.

Posted by

SANGALDEEP SINGH

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