Chapter-1 offence if it is done on sake

Chapter-1
(Introduction)

There
are circumstances when the state mechanism may not be accessible to the
citizens to defend themselves in case of impending danger, and in those
situations, a person is allowed to employ force to avert the impending threat.
People have the right to protect themselves when state aid cannot be obtained
and this right is called the right of private defence1.
This right is being given under the section- 96 to 106 of Indian Penal Code
(IPC). As with every right there is duty to oblige too, and this right is being
used when circumstances justify it and not otherwise.

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Section
100 of IPC2
specified that when right of private defence available to body, when extent of
act causing death of other party. Provision on stand, mentioned seven guideline,
the defence causing death of other party, is not an offence if it is done on
sake of private defence.

 

Section
103 of IPC3
specified that when right of private defence available to property, when extent
of act causing death of other party. Provision on stand, mentioned four
guideline, the defence causing death of other party, is not an offence if it is
done on sake of private defence to protect his property or someone’s if the act
is being done in good faith.

Section
99 of IPC4
mentioned the acts on which there is no right of private defence is being given
to individual. Right to private defence cannot be availed when there is
sufficient time to take recourse to the public authorities, and also not
against a public servant acting in good faith under a legal duty unless
reasonable apprehension is caused. It also provides that force used must not be
excessive than is necessary to ward off the impending threat.5

 

Review
of literature

In
my research paper I specifically focus on the private defense and its relevant
provisions as well as extent of right to private defense. When the right of
private defense of body extends to causing of death. When the right to private
defense of property extends causing death. And the relevant study of the provisions
with the Penal Code of the Indian and British act and statutes.

 

Doctrinal
method of study is being adopted. Comparative study is being done on the case
of both the counties and tries to find the defect in the Indian Penal Code provisions
for self denfence. Also identify the ambit of scope at which the right of
private defence is being exercised in Section-100 and the Section-103 of IPC6.

 

As
the IPC act, 1860 is being left un-amendment till 2013. So with the rapid
growth of society and the rate of crime are being increased day by day. The
main aim of this paper to study the relative provisions of private defence
which lead to death of the other party, to what extent these rights are being
used and to find the loop-holes in those provisions with the comparative study
with the relative provisions mentioned in the British Penal Code.

 

 

Statement
of research problem

 

Research
specifically focuses on the private defense and its relevant provisions as well
as extent of right to private defense. When the right of private defense of
body extends to causing of death. When the right to private defense of property
extends causing death. And the relevant study of the provisions with the Penal
Code of the Indian and British act and statutes.

Issues
involved:

·        
Nature of Defence as laid down by the Court.

·        
Burden of Proof in Cases of Private
Defence of the Body.

Aim
of study the chosen topic is to find loop-holes in the provisions of IPC and
the comparative study of Section-100 and ection-103, with the provisions
mentioned in the Penal Code of Britain. Doctrinal method is being adopted to
study the topic and to get detailed result of the research problem.

 

Formulation
of objectives

 

·        
Private defence

·        
Right of private defence of body extend
to causing of death.

·        
Right of private defence of property
extends to causing death.

Hypothesis

The
hypothesis underlying the present research is that the current legal system is
not effective to cope with the present situations in modern world. Some
fundamental principles and new techniques should adopt to deal with the laws of
private defence and the laws for defence should not be miss-used.

 

Research
questions

What should be the
nature of defence?

Chapter-2 (Private
Defence)

 

Nature
of the Right:

It
is the duty of man to help him-self first. The right of private-defence is
being provided to citizens of each and every democratic country. If the state
mechanism failed to provides adequate help and support on time, citizens must
have right to self-defend themselves, if necessary to do on certain
circumstances.

The
right of private defence is being recognized in by many state laws, but the
provisions and the ratio to the capacity of act is differed form county to
country. This depends on the capacity of the state to protect life and property
of the citizens. As it is the primary duty of the state to provide healthy
environment to the citizens and to protect life of the individual.

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