Mistake and Right to Private Defence

May 31, 2023

The mere fact that no prior notice was given to the accused as required by the Municipal Act would not make their conduct altogether outside the parameters of legal bounds, and as a result, the accused had no private defence under section 99 of the Code.

Instead, officers of the Delhi Municipal Corporation attempted to seize the accused’s buffalo in good faith while acting under the authority granted to them by the Commissioner in order to recover milk tax arrears. In using their authority, the police had merely committed a mistake.

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