COMMENCEMENT AND CONTINUANCE OF RIGHT OF PRIVATE DEFENCE UNDER SECTION 102 IPC- AN ANALYSIS
Keywords:
Apprehension, Commencement, Reasonable, Private, Defence, Criminal, Liability, danger, proportionate, attemptAbstract
There have been various situations defined in the penal provisions of the Indian Penal Code, 1860 as to when and how these rights can be exercised depending upon the situation, what quantum of resistance has to be applied and what is the legitimate limit of this right. All these questions are kept in mind while deciding any case when one seeks right of private defence as his defence.In the same flow, it is an interesting question of law to ponder that what is the legally circumscribed limit, as when one can legitimately be allowed to use this right and till when one can exercise this right. This paper aims at understanding the concepts of ‘ Reasonable Apprehension’ and proportionate reaction for the apprehended action and how these ideas entangle the core theme of the right of private defence. The nexus between the commencement and duration of this right has been analysed in the light of the situations which may arise and how force used in-order to resist the situation has to be studied.
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