Right of self defense.
Right of self defense.
The right to self-defense, which we also call the right to private defense, Define under section 34 of BNS (96 of IPC) that every person has the right to protect himself from any attack or trouble and to protect not only himself but also his property.
The right to self defense is not only a legal right but also a fundamental right. The right to self defense comes under the right to life given in Article 21 of the Indian Constitution. Under this, it is your fundamental right to protect your safety and your property.
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Under what circumstances does one get the right to self-defense
Self-defense is mentioned under section 34 of BNS (96 of IPC).
Under Section 35 of BNS (97 of the IPC) states that every person has the right to protect his body and property and for this he can attack in self-defense.
Under Section 37(2) of BNS (99 of the IPC) says that self-defense should be reasonable, that is, only as much harm can be caused to the criminal as is necessary.
According to section 38 of BNS (100 of IPC), right of self defense of body extends to causing death. even if a criminal dies in self-defense, after that defendant have right to self defense baki hai
According to section 41 of BNS (103 of IPC), if your life is in danger in situations like burglary, robbery, arson and theft in the house at night, then you have the right to self-defense.
According to section 44 of BNS (106 of IPC), if you are attacked by a mob and an attempt is made to kill you and there are children in the mob and it seems that you will not be able to survive without firing a bullet, then you can fire a bullet for your safety, even if your bullet to the death of a child, after that you are innocent.
Right of self defense by misconception
if any person use self defense by any misconception under sec. 36 of Bharatiya Nyaya Sanhita 2023 (98 of Indian Penal Code 1860) that person not be liable for any offence.
For example:- If a person is jokingly showing you a gun and jokingly threatening to kill you and you are really scared of him and you really feel that your life is in danger You pick up a stick lying near by and hit him on the head and he gets hurt in some way like bone fracture, head injury etc. Despite the fact that he was joking, you will not be held guilty.
Right of self defense use against person of unsound mind
If a person of unsound mind commits a crime, he is not considered guilty because a person of unsound mind does not know what a crime and what is the law, that is, he does not know the difference between right and wrong, due to which he is not considered guilty. Similarly, a child up to the age of 7 years is also innocent in every case.
After that, if a lunatic person or person of unsound mind or a child below the age of 7 years attacks you, you can use the necessary force to defend yourself as per section 37 of BNS (99 of IPC). and as per section 36 of BNS (98 of IPC), you will be considered innocent.
Advocate Mohd Chand
Chamber No. D-715, D-Block, Karkardooma Court, Delhi
Mobile No. 9971943882,9015181526.
