840 September 15 2021

Right of Private Defence or Self-defence as per Indian Law by Adv. Alok Kumar

Today, I will explain some fundamental concepts of Indian criminal law in simple terms. Understanding these basics is very important for anyone interested in law or just to be aware of your rights and duties as citizens.

First, criminal law is the body of rules that define what acts are crimes and what punishments apply to those crimes. Its main goal is to maintain law and order in society by deterring and punishing wrongful conduct.

The backbone of criminal law in India is the Indian Penal Code, or IPC, which was enacted in 1860. The IPC lists various offenses such as murder, theft, assault, and many others, along with their punishments.

A crime typically has two essential elements: actus reus and mens rea. Actus reus means the guilty act — the physical action or omission that violates the law. Mens rea means the guilty mind — the intention or knowledge that the act is wrong.

For example, if someone unintentionally hits another person without negligence, it might not be a crime. But if there is intent to cause harm or reckless disregard for safety, it becomes punishable.

Criminal procedure is governed by a different set of laws called the Code of Criminal Procedure, or CrPC. It deals with how crimes are investigated, how arrests happen, how trials proceed, and how judgments are given.

When a crime is reported, usually by filing a First Information Report (FIR) at the police station, the police begin investigation. Depending on the seriousness, offences are classified as cognizable or non-cognizable, bailable or non-bailable.

Today, many steps in the criminal justice system are moving towards digital methods, including electronic summons and evidence management, which help speed up the process.

Now, let me explain the concept of self-defence or private defence which is a vital part of criminal law. The law recognizes that sometimes a person may have to protect themselves from harm when police help is not immediately available. Under Sections 96 to 106 of the IPC, every individual has the right to defend their body and property from unlawful attack.

This right to private defence is strictly defensive. It cannot be used to start a fight or take revenge. The force used to defend oneself must be proportional to the threat faced. If someone injures or kills an attacker exercising this right, courts examine whether the accused honestly believed there was imminent danger and no time to seek help.

Remember, the aggressor or the person who starts the violence cannot claim this right.

For example, if you are attacked on the street and defend yourself fairly, you are exercising your legal right. But if after the attacker runs away you chase and beat them up more, that would be illegal.

Understanding these basics will not only help you in your legal education but will also make you aware citizens who can protect their rights and respect the law.

Let me explain the five examples of self-defence situations in paragraph form, so it’s easier to read and understand.

1. Eve-teasing on a bus (Justified)
Imagine a girl travelling in a crowded bus and someone tries to grope her. If she slaps him or pushes him away to stop the harassment, this is completely justified under Indian law. She is not using excessive force but only what is necessary to protect herself from sexual harassment. The law recognizes her right to act immediately for her own safety.

2. Midnight burglary (Justified)
Suppose a thief breaks into a house at night carrying a knife. The owner, out of fear for his life and family, uses a cricket bat to hit the intruder and stop him. This act is justified because there is a real threat to life and property, and the force used is reasonable compared to the situation. Indian law allows a person to defend themselves when faced with such immediate danger.

3. Group attack outside college (Justified)
A student is suddenly attacked by a group of people carrying sticks. In order to escape, he pulls out a small knife and threatens or uses it to keep the attackers away. Here, the law sees it as self-defence because the student is clearly outnumbered and in real danger. Using a weapon to save himself is considered proportionate to the threat he was facing.

4. Revenge after catching a thief (Not Justified)
Now imagine someone snatches your phone and runs. You chase him, catch him, and manage to pin him down. At this point, if you continue to beat him badly even though he cannot attack you anymore, the law will not accept this as self-defence. The threat was already over once the thief was caught, so any further violence becomes revenge, which is punishable.

5. Overreaction without real danger (Not Justified)
Think of a situation in a nightclub where someone accidentally bumps into you while dancing. If you assume he wants to fight and punch him hard, this is not self-defence. There was no real or immediate threat to your safety, only a misunderstanding. Indian law does not allow violence in the name of self-defence if the danger is imagined or exaggerated.

Many young people, especially Gen Z, often get confused about where self-defence begins and ends under Indian law. The most common misunderstanding is between defence and revenge. For example, if someone slaps you, you are allowed to defend yourself by pushing them away or blocking the attack. But if you continue to beat them after they stop, it no longer counts as self-defence — it becomes revenge, which is punishable. Another area of confusion is about the proportion of force. The law only allows you to use as much force as is reasonably necessary. So, if someone comes at you with bare hands, you can’t stab them fatally and then claim self-defence, because your reaction was far more extreme than the threat.

There is also a difference between defending property and life, which people often mix up. If a thief is only stealing your bike, you cannot kill him just to protect the vehicle. But if the thief attacks you with a weapon while stealing, then you are allowed to use stronger force, even to the extent of causing serious injury, to save your life. Similarly, many confuse fear with threat. If you think someone might attack you tomorrow, you cannot harm them today in the name of self-defence — the danger must be real and immediate, not imagined or in the future. Finally, when it comes to authority figures like police officers, self-defence cannot be used against them if they are acting lawfully, such as making an arrest. However, if an officer uses unlawful or excessive force, then you can protect yourself.

In short, self-defence is meant to act like a shield and not a sword. It gives you the right to protect yourself only as long as the attack is real, immediate, and ongoing. The moment the threat ends or if your response goes beyond what is reasonable, the law no longer protects you.

NOTE: "FREE SPEECH ISN’T SAFE SPEECH"

Author

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Adv. ALOK KUMAR
Advocate Serving Delhi NCR
Delhi High Court & District Courts
LL.B.▪︎Faculty of Law▪︎Delhi University


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