Right of Private Defence

7486 WordsFeb 13, 201330 Pages
CRIMINAL LAW PROJECT CONTENTS I. INTRODUCTION II. SECTION 96: THINGS DONE IN PRIVATE DEFENCE i. Private defence: Object ii. Right of private defence iii. Scope III. SECTION 97: RIGHT OF PRIVATE DEFENCE OF THE BODY AND OF PROPERTY i. Right under this section essentially a defensive right ii. Right of private defence not available to aggressors iii. No private defence in free fight iv. Right of private defence not available against lawful acts v. Unlawful assembly and private defence IV. SECTION 98: RIGHT OF PRIVATE DEFENCE AGAINST THE ACT OF A PERSON OF UNSOUND MIND i. Plea of self-defence ii. Burden of proof V. SECTION 99: ACTS AGAINST WHICH THERE IS NO RIGHT OF PRIVATE DEFENCE i.…show more content…
Section 98 makes the right of private defence available even against persons who, by reason of infancy, insanity, intoxication or misconception, are legally incompetent to commit an offence. And Section 106 allows a person to take the risk of harming innocent person in order to, in exercise of the right of private defence of body, save himself from mortal injury. Section96, thus, declares, in general terms, that nothing is an offence which is done in the exercise of private defence. The subsequent ss 97-98 and 100-106 explain the contours of the right and define the broad boundaries within which it can be exercised. All the rights enumerated in these sections are subject to restriction or limitations that are stated in sec. 99. Nature of The Right It is the first duty of man to help himself. The right of self-defence must be fostered in the citizens of every free country. The right is recognized in every system of law and its extent varies in the inverse ratio to the capacity of the state to protect life and property of the subject (citizens). It is the primary duty of the state to protect the life and property of individuals, but no state, no matter how large its resources, can afford to depute a policeman to dog the steps of every rouge in the country. Consequently this
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