Evolving Judicial Approach Towards Right To Private Defence Against Body

Abstract

It is said that "necessity knows no law," which implies that a necessity action is exempt from legal requirements. It is the first duty of man to help himself. Today every democratic society recognized right to private defence in its statutory provisions. The prime object of every welfare state is to achieve social justice. Self-help is part of social justice. Self-defence is a no longer only confined to self-preservation because it is also part of social justice, thus it also responsibility of every individual to safeguard the social interest also. In the Indian legal system, the right to private defence is recognised as a valuable defence and is listed in the Indian Penal Code's section 96 through 106 under the subject of "General Exceptions."This right must be interpreted in light of the state's obligation to safeguard its citizens' lives and property. Every Indian citizen has the right to self-defence; however this right is frequently abused by a large number of persons who use it as a justification for committing crimes or other offences. Therefore, there are several limitations and constraints on this right to private defence. The right to self-defence was given to Indian citizens as a tool for self-defence, yet it is frequently used for corrupt or illegal purposes by a large number of people. The court now has the duty and obligation of determining whether the right was exercised in good faith or not. The underlying object of this research work is to analysis and study the concept of right of private defence of body under Indian criminal law and the circumstance under which right of private defence of body extends to causing death of an aggressor with help of judicial approach.