Showing : 51-60 of 104 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106-- Right of private defence - Arises only if the apprehension is unexpected and one is taken unaware - If one enters into an inevitable danger with the fullest intimation before hand and goes there armed to fight out, the right cannot be claimed - This right is purely preventive and not punitive -..........
UTTARAKHAND HIGH COURT
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106-- Right of private defence - Plea not taken before the trial Court - Such a suggestion also not given to PW's - Anything related to private defence not stated in examination u/s 313 Cr.P.C. - Appellants had failed to show that right of private defence had arisen to them...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105-- Private defence - Right of - Right commences, as soon as a reasonable apprehension of danger to the body arises from an attempt, or threat, or commit the offence, although the offence may not have been committed but not until there is that reasonable apprehension - The right lasts so long as the..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102-- Private defence - Right of - In order to find whether right of private defence is available or not, the injuries received by the accused, the imminence of threat to his safety, the injuries caused by the accused and the circumstances whether the accused had time to have recourse to public..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102-- Private defence - Right of - It is a right of defence, not of retirbutation, expected to repel unlawful aggression and not as retaliatory measure - It should not be allowed to be pleaded or availed as a pretext for a vindictive, aggressive or retributive purpose of offence - A right to defend does..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102-- Private defence - Right of - There is no universal rule that whenever the injuries are on the body of the accused persons, a presumption must necessarily be raised that the accused persons had caused injuries in exercise of the right of private defence - The defence has to further establish that..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102-- Private defence - Right of - Accused need not prove the existence of the right of private defence beyond reasonable doubt - It is enough for him to show as in a civil case that the preponderance of probabilities in favour of his plea...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102-- Private defence - Not necessary for accused to plead in so many words that he acted in self-defence - If the circumstances show that the right of private defence was legitimately exercised, it is open to the Court to consider such a plea - Burden of proof is on the accused - Accused can proved..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102-- Private defence - Injuries - Not a safe criterion for determining who the aggressor was - Injuries on the person of accused does not lead to a presumption that accused had caused injuries in exercise of his right of private defence - It has to be proved that injuries so caused probabilities the..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Indian Penal Code, 1860, Section 97, 98, 99, 100, 101, 102-- Self defence - Head injury suffered by accused - It required stitches - Since injury is on a vital part of body it cannot be said that it is self inflicted injury as self inflicted injuries are on non vital parts of body - It is a case of bona fide self defence - Benefit or doubt has to be given..........

Showing : 51-60 of 104 Results