Volume : IV, Issue : XI, November - 2015

Right to Private Defence: A Preventive Right or A Punitive Right

Alka Dahiya

Abstract :

Private defence is an excuse for any crime against the person or property. It also applies to the defence of a stranger, and may be used not only against culpable but against innocent aggressors. The defence is allowed only when it is immediately necessary-against threatened violence. A person who acts under a mistaken belief in the need for defence is protected, except that the mistake must be reasonable. In principle, it should be enough that the force used was in fact necessary for defence, even though the actor did not know this; but the law is not clear. There is no duty to retreat, as such, but even a defender must wherever possible make plain his desire to withdraw from the combat. The right of private defence is not lost by reason of the defender’s having refused to comply with unlawful commands.

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Article: Download PDF    DOI : https://www.doi.org/10.36106/gjra  

Cite This Article:

Alka Dahiya Right to Private Defence: A Preventive Right or A Punitive Right Global Journal For Research Analysis, Vol: 4, Issue: 11 November2015

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