Indian Penal Code, 1860, Section 96, 97, 100 -- Private defence - Principles : (1) Number of injuries is not always a safe criterion for determining who the aggressor was; (2) Right commences, as soon as a reasonable apprehension of danger to body arises from an attempt, on threat, to commit the offence although the offence may not have been committed but not until there..........
Indian Penal Code, 1860, Section 97, 98, 99, 100, 101 -- Private defence - Not necessary for an accused to plead in so many words that he acted in self defence - If it is evident from the circumstances that the right of private defence was legitimately exercised, it is open to Court to consider such plea - Even in absence of such a plea in statement u/s 313 Cr.P.C. and..........
Indian Penal Code, 1860, Section 300, 97, 98, 99, 100, 101, 102 -- Exception I - Murder - Right of private defence - Nothing is an offence which is done in exercise of the right of private defence - However expression 'right of private defence' is not defined - Whether in a particular set of circumstances, a person legitimately acted in the exercise of the right of private..........
Indian Penal Code, 1860, Section 97, 98, 99, 100 -- Private defence - Right of causing death - Right of private defence extends to causing death if there is reasonable apprehension that death or grievous hurt would be the consequence of the assault...........
Indian Penal Code, 1860, Section 97, 98, 99, 100, 101, 102 -- Private defence - Not necessary to plead that action was done in self defence - If the circumstances show that the right of private defence was legitimately exercised, it is open to Court to consider such a plea - Court can consider it if available from the material on record even in absence of such a plea by..........
Indian Penal Code, 1860, Section 97, 98, 99, 100, 101, 102 -- Private defence - Number of injuries is not always a safe criterion for determining who the aggressor was - 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..........
Indian Penal Code, 1860, Section 97, 98, 99, 100, 101, 102 -- Private defence - Right whether available or not - Injuries received by the accused, the imminence of threat of his safety, the injuries caused by the accused and the circumstances whether the accused had time to have recourse to public authorities are all relevant factors to be considered...........
Indian Penal Code, 1860, Section 97, 98, 99, 100, 101, 102 -- Private defence - Right of - Right to defend does not include a right to launch an offensive, particularly when the need to defend no longer survived...........
Indian Penal Code, 1860, Section 300, 97, 98, 99, 100, 101, 102 -- Exception I - Exchange of hot words between accused and deceased - Deceased attacked the accused and caused some minor injuries - Accused fired gun shot and killed the deceased - Trial Court rightly convicted the accused under section 302 IPC - High Court was not justified to alter the conviction to S.304..........
Indian Penal Code, 1860, Section 100, 302 -- Right of self defence - Mere statement of accused u/s 313 - Not sufficient to raise plea of self defence - Conviction upheld...........
