Case Law IPC

June 6, 2023

John Scutty v State, (1824) 1 C & P 319, it is absolutely unjustified for a person assigned by his master to oversee a garden and while being in that garden he has no right  to shoot at or harm anyone who might enter those spaces, especially at dark.

He should check to see whether he can take any action to apprehend them first or the need to shoot is the ultimate last resort.The right to private defence can be claimed only when there is absolute necessity to take back and save one property or body , even of others too.

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