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PAPER ID:IJIM/Vol. 7 (IX)/January 2023/22-27/5
AUTHOR: Ritu
TITLE: LEGISLATIVE FRAMEWORK REGARDING RIGHT TO PRIVATE DEFENSE: A CRITICAL STUDY IN INDIA
ABSTRACT:Prior to the advent of human civilization, the rule of thumb in society was “might makes right,” but as society advanced, the State was established with the mandate to protect each individual’s life, freedom, and property. At the same time, it must be noted that despite the State’s strength and intelligence, it is absurd to expect police to be deputized to oversee, monitor, and provide security for every person everywhere they go and at every point in their lives where they need the right to private protection or self preservation. To defend oneself, one uses the Latin phrase “se defendendo.” Self-improvement is the main tenet of criminal law, as Hari Singh Gour rightly observes in his well-regarded book on Indian Penal Law. The justification for any violation against a person or piece of property is private protection. It can be used both against guilty and against blameless aggressors, and it also applies to protecting an outsider. Only when it is immediately necessary against compromised viciousness is the protection allowed. The error should be obvious for someone who acts in accordance with a confused belief in the necessity of protection. Even when the entertainer was unaware of this, it should suffice that the power used was actually necessary for protection on a fundamental level; yet, the law is murky in this regard. There is therefore no requirement to leave, but there is even a safety net should he ever express a desire to leave the conflict. The fact that the guard would not obey unlawful commands does not result in the loss of the private guard’s right. Thoughts about need, humanity, and social request have significantly undermined it over time, despite the fact that it nevertheless remains a standard. The right to protection is completely essential, according to Bentham, who wrote about it in his work Standards of Penal Laws. Depending on the guiding principle that helping is just a man’s duty. The current paper manages the rules relating to the private protection right available under Indian criminal law.
KEYWORDS: Private Defense, IPC, Legal Right, India, Cases, Crime, Judgement