AGGRESSOR’S RIGHT TO PRIVATE DEFENCE:

Home Forums Right to Private Defense AGGRESSOR’S RIGHT TO PRIVATE DEFENCE:

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      1.Does an aggressor possess the right of private defence?
      The aggressor does not possess the right of private defence.
      Section 96 to 106 of the Indian penal code states the law relating to the right of private defence.
      The use of force to protect life and property is right of private defence. In criminal law, self help
      is the first rule. But there are certain restrictions to invoke right of private defence.
      In such a case, aggressor does not possess the right because right of private defence is available
      only when
      ● There is threat to life and property
      ● There is no prior idea regarding the act and the act of private defence will take place at
      the spur of the moment.
      ● There is no way to escape from encounter
      ● The person has no time to inform the authority
      ● There is a necessity to live.
      In case of aggressor, there is no reasonable apprehension of danger and aggressor is the person
      who initiates the trouble. The right of private defence is to protect the person during the threat to
      life but aggressor is the person who creates such a threat and thus he does not possess the right of
      private defence.
      In other words, private defence is available against the aggressor and there is no private defence
      against private defence. ie., When an act is done in exercise of private defence such act cannot
      give rise to other private defence in favor of aggressor in return.

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