Doctrine of Right of Private Defence

May 31, 2023

A factual determination must be made based on the specific facts and circumstances of each case in order to determine whether a person has legitimately used private defence in a given situation. There hasn’t been a universal abstract standard developed by the courts or established by the legislature for all the cases covered by this section. It is not required for the accused to plead in so many words that he acted in self-defense.

It is neither conceivable nor wise to establish arbitrary standards that could be used to judge whether the threatened person’s use of force was appropriate or not. The answer to this question depends on a number of variables, including the scene’s current conditions, his thoughts at the moment, the uncertainty and excitement caused by the type of assault on him, etc. However, the right to private defence may never be used in a spiteful or malevolent manner.

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