AIR 1980 SUPREME COURT 660 ::1980 AllCriR 125 ::1980 AllCriC 152 ::1980 (2) SCC 218 ::1980 All WC 173 ::1980 UP CriC 52 (All)

Supreme Court Of India

(From : Gujarat)

Hon'ble Judge(s): R. S. Sarkaria, D. A. Desai, O. Chinnappa Reddy , JJJ

(A) Penal Code (45 of 1860) , S.97— Right of private defence of body - General principles. The general principles emboided in the Penal Code, governing the excercise of the right of private defence are as follows:- @page-SC661 The Code excepts from the operation of its penal clauses of acts done in good faith for the purposes of repelling unlawful aggression but this right has been regulated and circumscribed by several principles and limitations. The most salient of them concerned the defence of body are as under: Firstly, there is no right of private defence against an act which is not in itself an offence under the Code; Secondly, the right commences as soon as - and not before - a reasonable apprehension of danger to the body arises from an attempt or threat to commit an offence although the offence may not have been committed and it is conterminous with the duration of such apprehension (Section 102). That is to say, right avails only against a danger imminent, present and real; Thirdly, it is a defensive and not a punitive or retributive right,. Consequently, in no case the right extends to the inflicting of more harm than it is necessary to inflict for the purpose of the defence. (Sec. 99). In other words, the injury which is inflicted by the person exercising the right should be commensurate with the injury with which he....