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Self-defence plea of an accused depends on evidence: SC
New Delhi, Oct 09: Veracity of right to self-defence plea taken by a person in committing an offence should be tested on the basis of factors relating to injuries received and inflicted by him, the threat perception and whether he had time to intimate public authorities for his safety.
New Delhi, Oct 09: Veracity of right to self-defence plea taken by a person in committing an offence should be tested on the basis of factors relating to injuries received and inflicted by him, the threat perception and whether he had time to intimate public authorities for his safety.
"In order to find whether right of private defence is available or not, the injuries received by the accused, the imminence of threat to his safety, the injuries caused by the accused and the circumstances whether the accused had time to have recourse to public authorities are all relevant factors to be considered," the court said in a recent judgement.
The case related to a village in Tamil Nadu where a sheep damaged the crops belonging to one Palaniswamy. When he tied the sheep and protested to its owner, Sekar, there was exchange of hot words leading to assaulting and death of Palinswamy. Sekar took the plea of right to self-defence.
Section 96 of the Indian Penal Code provided that nothing is an offence, which is done in exercise of the right of private defence.
Rejecting the plea of self-defence raised by Sekar, a bench comprising Justice Arijit Pasayat and Justice S B Sinha, said "It cannot be stated as a universal rule that whenever the injuries are on the body of the accused persons, a presumption must necessarily be raised that the accused persons had caused injuries in exercise of their right of private defence."
Bureau Report
The case related to a village in Tamil Nadu where a sheep damaged the crops belonging to one Palaniswamy. When he tied the sheep and protested to its owner, Sekar, there was exchange of hot words leading to assaulting and death of Palinswamy. Sekar took the plea of right to self-defence.
Section 96 of the Indian Penal Code provided that nothing is an offence, which is done in exercise of the right of private defence.
Rejecting the plea of self-defence raised by Sekar, a bench comprising Justice Arijit Pasayat and Justice S B Sinha, said "It cannot be stated as a universal rule that whenever the injuries are on the body of the accused persons, a presumption must necessarily be raised that the accused persons had caused injuries in exercise of their right of private defence."
Bureau Report