SECTION 96 OF THE INDIAN PENAL CODE

May 31, 2023

The provision makes it clear that nothing done in the course of exercising one’s right to private defence constitutes an offence. When writing such a clause, the Code’s authors had to exercise extreme caution to prevent the right from being used as a cover for murder. The right to defend should not include the right to go on the offensive, particularly since the need to defend is no longer there.

If the circumstances once existed which favoured the person to exercise the right to private defence, it does not mean that he gets the right to cause the death of the other person in all the probability. Even the right to defend oneself is to be exercised in proportion to the extent of aggression.

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