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Moot (Respondents Cases)
Moot (Respondents Cases)
“ No right of private defence can exist against an unarmed and unoffending individual.”
Burden of proof is prescribed that the burden is on the accused to prove the existence of
circumstances bringing the case within any of the exceptions "and the Court shall presume
the absence of such circumstances".
There is no right of self-defence against an act which itself is not an offence under the Code.
4: Darshan Singh vs. State of Punjab AIR (2010) SC 1212: 2010 CrLJ 1393
In private defence, the force used by the accused ought not to be disproportionate or greater
than necessary for protection of the person or property.
Hon’ble court held that the right of private defence provided under Indian penal code is very
narrow right and can be taken advantage of only when the circumstances fully justifies the
exercise of such right.
(If the deceased is unarmed and accused causes serious injuries to him, here the act of
the accused will not be justified as he does not have right to private defence to cause
serious injuries to an unarmed aggressor.)
Right of private defence extending to voluntary causing of death is available only if accused
shows that there were circumstances giving rise to reasonable grounds for apprehending that
either death or grievous hurts would be caused to him. Accused has to place necessary
material on record either by himself adducing positive evidence or by eliciting necessary
positive evidence or by eliciting necessary fact from prosecution witnesses-Degree of proof
however is not beyond reasonable doubt but mere preponderance of probability.
6: Munney Khan Vs. State of Madhya Pradesh
Right of private defence is governed by s96-106 of the IPC, and is subject to two limitations
likely in exercise of this right of private defence, namely, any kind of hurt can be caused but
not death and that the use of force does not exceed the minimum required to save the person
in whose defence the force is used.
A person is not entitled to use the violence that is disproportionate to the injury which is to be
averted or which is reasonably apprehended. The moment a defender exceeds it, he commits
an offence and thereby cease to have the right of private defence.
8: Section 99 IPC: There no is right of private defence against an act which does not
reasonably cause the apprehension of death or of grievous hurt.
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.