Bharat Chugh on the Laws of India

i)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 defence within certain reasonable limits.

ii)The right of private defence is available only to one who is suddenly confronted with the necessity of averting an impending danger and not of self-creation.

iii)A mere reasonable apprehension is enough to put the right of self defence 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 defence. 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 defence is not exercised.

iv)The right of private defence commences as soon as a reasonable apprehension arises and it is co- terminus…

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