FIRST LAW

The Indian Penal Code, 1860 - Sections 302, 324 and 120B – Murder - Right of Private Defence - For the accused to successfully plead and put forth a case of self-defence, he has to prove that he was challenged and had a real apprehension of threat in his mind about being attacked by the deceased or someone supporting him, and that they were wielding dangerous weapons, which they could use against him.

Sections 96 to 106 of the Indian Penal Code, 1860 (IPC) deal with right of private defence of a person involved in commission of offences under the IPC. Section 96 of IPC says that nothing is an offence, which is done in the exercise of the right of private defence.

1. Self-preservation is the basic human instinct and is duly recognised by the criminal jurisprudence of all civilised countries. All free, democratic and civilised countries recognise the right of private defence within certain reasonable limits.