Right to Private defence in a free fight

May 31, 2023
symbolizing justice and order

No question about the right to private defence arises when two persons arrive armed and determined to test one another’s power and settle a disagreement by force. In a situation like this, neither party has the right to private defence because both parties are the aggressors.

All the accused took part in a free fight between two groups that resulted in the death of one person and several grave and minor injuries to others. One of the accused’s claim that he joined the fight afterwards and defended another co-accused was rejected as unpersuasive.

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