Continued Right to Private Defence against Abuser
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- Topic
Sec 100 of the Indian Penal Code, 1860 prescribes situations where the right to private defence extends to the right of causing the death of the aggressor.
Ques: What about situations where repeatedly psychologically or sexually abused women finds an opportunity to kill the abuser when he is in sleep without any apprehension of death, grievous injury, etc? How will private defence or section 100 of IPC work in such a scenario?
- Replies
Since it has been established that we can use the right of private defense when there is a reasonable apprehension of death, grievous hurt, injury, etc. But in such a situation, it becomes difficult to prove just basing our decision of right to use private defense only if there is the apprehension of death, injury, etc. in cases of abused women. Their perpetual state of mind is always in danger that they will be harmed and thus taking such a narrower lens will be difficult. Thus, we have to keep in her mental state and incapacity in calculating the proportionality of danger.
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