Why is Right to Private Defence given?

May 31, 2023

The fundamental human instinct of self-preservation is acknowledged by the criminal law of every civilised nation. Every free, democratic, and civilised nation acknowledges the right to personal defence within certain acceptable bounds.

Only those who are unexpectedly forced to choose between preventing an approaching danger and self-creation have the right to self-defense.

The right to self-defense can be invoked based on a simple reasonable suspicion. In other words, if the accused reasonably believed that a crime was being considered and was likely to be committed, such information would be sufficient to establish the accused’s right to privacy without the need for an actual commission of the offence.

 The accused should not use more force than is absolutely necessary to safeguard the person or property when engaging in private defence.

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