Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 -- Private defence - It is a defensive right under IPC available only when circumstances clearly justify it - It is a right of defence, not of retribution, expected to repel unlawful aggression and not as retaliatory measure - Right to defend does not include a right to launch an offensive,..........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 -- Right of private defence - Aggressors - Held, that appellants had a knowledge that the offence of murder/culpable homicide would be committed in prosecution of common object and such common object is irreconcilable with the right to private defence - Accused were aggressors and their..........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 -- Right of private defence - Voluntary causing death is not permissible under the right of private defence - Accused held guilty u/s 304 Part I IPC...........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 -- Right of private defence - Free fight - Number of accused persons 18 - Three of them came in a tractor with guns - Theory of free fight is excluded...........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, Evidence Act, 1872, Section 105 -- Private defence - Onus to prove is on accused - Plea can be established either by defence evidence or from the prosecution evidence - It cannot be based on speculation or mere surmises - Plea need not to be taken explicitly - There must be circumstances..........
Constitution of India, 1950, Article 226, 227, Motor Vehicles Act, 1988, Section 104 -- Writ petition - Restriction on grant of permits in respect of a notified area or notified route - Challenge against grant of stage carriage permit to private operators for plying buses on monopoly route - In no circumstance private operator can be granted stage carriage permit regularly..........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105 106 -- Right of private defence - Appellants armed with weapons came to field where complainant party was cultivating and attacked them - One of the members of complainant party died - Appellants were aggressive and they attacked the complainant party when they were totally unarmed - Right of..........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105 106 -- Private defence - All the sections i.e. Ss.97 to 106 IPC have to be read together to ascertain whether accused are entitled to right of private defence in the facts and circumstances of the case - When all the sections are read together we get comprehensive view of the scope and limitation..........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105 106 -- Private defence - Can be used only to ward off unlawful force, to prevent unlawful force, to avoid unlawful detention and to escape from such detention...........
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..........
