Published on: 23 September 2022 at 21:46 IST
Court – Supreme Court of India
Citation – 2022 SCC OnLine SC 739
Hon’ble Supreme Court of India has held that Section 100 of the Indian Penal Code 1860 provides for the circumstances in which a person can claim the right of private defence of body can be stretched to the extent of voluntarily causing death.
It is held that the accused must be able to demonstrate that the circumstances were such that there existed a reasonable ground to apprehend that he would suffer grievous hurt that would even cause death.
Para- 11
Section 100 IPC throws light on the circumstances in which the right of private defence of body can be stretched to the extent of voluntarily causing death. To claim such a right, the accused must be able to demonstrate that the circumstances were such that there existed a reasonable ground to apprehend that he would suffer grievous hurt that would even cause death.
The necessity of averting an impending danger is the core criteria for exercising such a right. Both Sections 100 and 101 IPC define the circumstances in which the right of private defence of the body extends to causing death or causing any harm other than death.
Provisions of Sections 102 and 105 IPC stipulate the stage of commencement and continuance of the right of private defence of the body and property respectively and state that the said right commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence, though such an offence may not have been committed.
The provisions state that it continues as long as such an apprehension or danger to the body continues.
Drafted By Abhijit Mishra
Key Words – Self Defence, Overt Act, Apprehension