The Right of Private Defence” (Decisions of the Supreme Court)
By
Syed Alim-Un-Nah Shah
The law of our Country has conferred upon all individuals — irrespective of caste, creed and coiour — the valuable right of private defence. The question of right of private defence is generally of great importance in those cases in which the injuries are caused by the accused to the complainant and his party. So the Bench and the Bar must be clear in their mind regarding the right of private defence.
The discussion of this article is confined to law of right of private defence as enunciated by the Hon’ble Supreme Court — the highest tribunal of our Country.
In the cases of right of private defence two questions are to be decided by the Court. Firstly whether the accused has a right of private defence; Secondly, if so, whether he has not exceeded his right of private defence. These important questions came for consideration before their Lordships of the Supreme Court for the first time in Amjad Khan v. State, AIR 1952 SC 165 : 1952 Cri LJ 848. ....