Short Note: Private Defence

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Private Defence
Sec 96 to 106 of the IPC(Indian Penal Code) deal with the right of private defence and are a recombination of the right of a person to protect his or her life and property against the unlawful aggression of others.
Sec 96 of the IPC states that nothing is an offence which is done in the exercise of the right of private defence. Sec 97 of IPC defines the right of private defence of the body and property. Every person has a right to defend his own body and the body of any other person against any offence affecting the human body, subject to the restrictions contained in sec 99 of the IPC.
Among the restrictions stated in sec 99 of the IPC, the provision stipulated the extent to which the right of private defence may be exercised, namely that it in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence.
For the plea of right to defence to succeed in totality, it must be proved by the accused that there existed a right to private defence in favour of the accused and that this right extended to causing death. Hence. If the court were rejected this plea there are two possible ways in which this may be done. On one hand, it may be held that there existed a right to private defence of the body.  However, more harm than necessary was caused or alternatively,
this right did not extend to causing death.
The other situation. is where an appreciation of the facts, the right of private defence is held not to exist at all. ( Bhanwar Singh vs the State of MP, (2008) 16 SCC 657)





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