Right of Private Defense: Scope Widened

If someone tries to snatch my briefcase or bag, what can I do to protect my Property? If someone intrudes in to my house and tries to molest some female member or tries to abduct me or my family member, can I shoot him or inflict upon him some fatal injury to protect us? These are some common questions that often sweep through our mind and always create great amount of confusion within us. Honourable Supreme Court has cleared the confusion on this issue of right of private defense. Now we can be braver and answer the crooks in their own language. Honourable Supreme Court ,in its latest judgment dated 15.01.2010 ,has widened the scope of right to private defense. Court after discussing various judgments crystallize 10 points to clear doubts regarding right to private defense.

1. Self-preservation is the basic human instinct and is duly recognized by the criminal jurisprudence of all civilized countries. All free, democratic and civilized countries recognize the right of private defense within certain reasonable limits.
2. The right of private defense is available only to one who is suddenly confronted with the necessity of averting an impending danger and not of self-creation.
3. A mere reasonable apprehension is enough to put the right of self defense into operation. In other words, it is not necessary that there should be an actual commission of the offence in order to give rise to the right of private defense. It is enough if the accused apprehended that such an offence is contemplated and it is likely to be committed if the right of private defense is not exercised.
4. The right of private defense commences as soon as a reasonable apprehension arises and it is co terminus with the duration of such apprehension.
5. It is unrealistic to expect a person under assault to modulate his defense step by step with any arithmetical exactitude.
6. In private defense the force used by the accused ought not to be wholly disproportionate or much greater than necessary for protection of the person or property.
7. It is well settled that even if the accused does not plead self-defense, it is open to consider such a plea if the same arises from the material on record.
8. The accused need not prove the existence of the right of private defense beyond reasonable doubt.
9. The Indian Penal Code confers the right of private defense only when that unlawful or wrongful act is an offence.
10. A person who is in imminent and reasonable danger of losing his life or limb may in exercise of self defense inflict any harm even extending to death.

As these guidelines are issued by Apex Court no further clarification or comment is required. These guidelines are very important for general public and legal fraternity as well. So, be brave and face criminals and answer them in their own language.