What is Self Defense?

Crime is an act or behavior which is prohibited by law, but there are certain acts that, in the ordinary course, are considered as a crime though not punishable if committed under the provided circumstances in a just and reasonable manner. However, it is the duty of a sovereign. 

State to safeguard its subjects, but a State like India with such a vast population can't protect each and every citizen personally. So, the State, under the force of law, allows citizens to protect themselves by taking the law into their hands. This right is called the right of self-defense.

The Indian Penal Code, 1860 incorporates provisions for self-defense under the Chapter of General Exception from sections 96 to 106. Moreover, an act done in self-defense is not considered a crime, and a person acting so can not be convicted.

However, such an act shall have been done when the danger was immediate and real, and the person so aggrieved did not have a choice to follow the legal recourse of informing the police and seeking their help. Section 96 of the Code envisages that any act done in the exercise of private defense is not considered an offense.

Furthermore, Section 97 of the Code stipulates that a person has the right to protect his own body as well as the bodies of others. Also, a person has the right to protect his property as well as the properties of others. Under Sections 100 and 103 of the Code, the right to self-defense of a person of his body and property extends to causing the death of the doer.

The voluntary causing of death is protected if there is an immediate threat of death, the intention of committing rape or kidnapping or gratifying lust or wrongfully confining a person, or if there is robbery, housebreaking, mischief by fire or theft/mischief/trespass to a property where death can be apprehended as a consequence.

Section 106 increases the scope of the right of self-defense; it does not only limit to the aggressor but also extends to an innocent if, against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, may exercise his right. 

However, a person must know when the right to self-defense commences and when it ends. He should have knowledge about the reason for exercising such a right, and he should also know how much force is required in the act of self-defense. He should use as much force as required; otherwise, he may be held liable and awarded punishment.