Arjun Vs. State of Maharashtra
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Head Note
Indian Penal Code,1860 - Section 99
Right of private defence - To plea a right of private defence extending to voluntary causing of death, the accused must show that there was circumstances giving rise to reasonable grounds for apprehending that either death or grievous hurt would be caused to him.
Indian Penal Code,1860 - Section 99
Right of private defence - When can be exercised - The injury which is inflicted by a person exercising the right should commensurate with the injury with which he is threatened - The accused need not prove the existence of the right of private defence beyond reasonable doubt and it is enough for him to show as in a civil case that preponderance of probabilities is in favour of his plea - Further held - (i) Right of private defence cannot be used to do away with a wrong doer unless the person concerned has a reasonable cause to fear that otherwise death or grievous hurt might ensue in which case that person would have full measure of right to private defence. (ii) A plea of right of private defence cannot be based on surmises and speculation - While considering whether the right of private defence is available to an accused, it is not relevant whether he may have a chance to inflict severe and mortal injury on the aggressor. AIR 1979 Supreme Court 577, relied.
Topic(s)-Right of Private Defence