Right to Private Defence in India

Abstract

Before the advent of human civilization, ‘might is right’ was the rule of society but the advancement of society brought the institution of State which was assigned the job to protect each and every individual’s life, liberty and property. At the same time, it has to be noted that how much the State is powerful and resourceful, it is not possible to depute policemen to supervise and observe every activities of each individuals and provide security them everywhere and at every point of life which necessitated the right of private defence or self defence. The Latin term ‘se defendendo’ is used for 'self-defence. Hari Singh Gour in his celebrated book on Penal Law of India has aptly observed that self-help is the first rule of criminal law. It still remains a rule, though in process of time much attenuated by considerations of necessity, humanity, and social order. Bentham, in his book `Principles of Penal Laws', has observed that "the right of defence is absolutely necessary". It is based on the cardinal principle that it is the duty of man to help himself. The present paper deals with the laws relating to right of private defence available under criminal laws of India.

Keywords: Private defence, Criminal Law