It is not necessary to explicitly exercise a right of private defence; rather, the court may take action if it determines that one exists based on the evidence submitted. When the accused did not assert their right to a private defence but it appeared that the complainant was the aggressor, the Bombay High Court ruled that the accused might nonetheless benefit from such a defence.
The fact that the accused did not claimed it will not prevent the court from granting him the right to a private defence provided the court properly evaluates the evidence and other material on file and determines that it is available to him.
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