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Right of Self-Defence as a Social Justice

By Dr. R. D. Yadav

Published In

Cri LJ 1990

Introduction Originally man was a solitary being and he could kill an unjust assailant in self-defence because justice was on his side against the aggressor. The right of self-defence is inherent in human nature and as such it is a natural right. Owing to this, it is also considered to be an inalienable right. Ordinarily in a democratic society the State retains the monopoly of violence in the sense that only the State can use force against and punish the Wrong-doer. The theory of private defence accords to the individual under special circumstances the right to use violence against another member of the society. However, the right is justified on two grounds i.e. (i) the injustice of the attack, and (ii) the presence of danger. The right of private defence cannot be abridged or narrowed down unless it becomes a weapon of offence and loses its defensive character. It has always been recognised by law that a person who is unlawfully assaulted, may ....

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