The Right of Private Defence

The Right of Private Defence The right of defence of one's own body or property is an unavoidable right. prior to the times when men began to live as members of organized communities, individuals were completely left to themselves to take whatever action for their protection .Even in ancient times the right of private defence had significance. Ancient law givers like Manu gave the authority of using arms in self defence in times of fear of danger. There were no limitations or restrictions as to how much a person can inflict injury on the other in defence of his body or property. But with the evolvement of complex crimes in this complex world there has been a necessity to include the provisions of the right of private defence, when can it be used, what are the various restrictions to use it etc.thus our penal code has entered this provision realizing its necessity. Though it is the duty of the state to protect the citizens of the country it has been found that under some circumstances the citizens have to defend their body or property under imminent danger.English: Clarence Thomas, Associate Justice of the...here the state provides the citizens the right of private defence as it may be impossible for the state to rescue him from the danger as a result of its imminenticity. Various restrictions are provided in order to ensure that the right may be exercised only when actually necessary and only to the extent required for such defence and also for ensuring that the citizens do not take law in its own hands. The authors of the Indian penal code observed "In this part of the chapter we have attempted to define, with as much exactness as the subject appears to us to admit, the limits of the rights of private defence. it may be thought we have...