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Principles of Self-Defence
1. Introduction:
It is a universally accepted principle that a person may protect himself from harm under approprate circumstances, even when that behaviour would normally constitute a crime. In the Pakistan Penal Code, each state allows a defendant to claim self-defense when accused of a violent crime, as does the government. The specific rules pertaining to self-defence vary from jurisdiction to jurisdiction, however. Let us consider some of the leading instances and prior leading judgements.
2. Definiton:
(i) Air 1930 Lah. 93:
The right of self defence, as defined by the law must be fastened in the citizens of every free country. If a man is attacked he need not run away, and he would be perfectly justified in the eyes of the law if he held his ground and delivered a counter-attack to his assailants provided always, that the injury which is inflicted in self-defence is not out of proportion to the injury with which he was threatened.
(ii) The Pakistan Penal Code, 1860:
Nothing is an offence which is done in the exercise of the right of private defence.
This section clearly indicates that the self-defence is a good defence to a criminal charge.
3. Circumstances:
According to Sectioin 97 of the Pakistan Penal Code, 1860, self defence is a good defence to a criminal charge in the following ftwo kinds or circumstances:
(i) Every person has a right to defend his own body, and the body of any other person, against any offence affecting the human body.
(ii) Every person has a right to defend the property, whether movable or immovable, of himself or of any other person, against any act which is an attempt to commit theft, robbery, mischief or criminal trespass.
4. Principless:
Principles which govern the right of private defence are as follows:
(i) Not expected to Weight his Actions:
When an accused person is in the process of exercise of his right of private defence, he is not expected to weigh his actions "in golden scales."
(ii) Modulate his Defence:
Nor can an accused person be expected to "modulate his defence step by step.
5. Basis of Private Defence:
Self Defence is the nature's oldest law. It is based on the law of necessity of self-preservation. The only consideration is that a person threatened severe of injury should not exceed the limits fixed by the law. This, of course, depends upon reasonable apprehension of danger to the person under the particular circumstances of the case.
(i) Private Defence of person:
The right of such defence commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commited and it continues as long as the apprehension of the danger to the body continues.
(ii) Private Defence of Property:
According to a decided case law, this right commences when a reasonable appprehensiion of danger to the property commences. In such cases all that is necessary for the defence to show is that he is in actual possession of the property and the question as to right of possession is immaterial.
6. Circumstances When right of Self Defence Extends to Cause Death:
(i) Apprehension of Death:
Such an assualt as may reasonably cause the apprehensiion that death will otherwise be the cosquence of such assault. In this situation, right of private defence can extend to cause death of other person.
(ii) Apprehension of Grieve Hurt:
Right of self defence extends to the volunatary causing death if an assualt as may reasonably cause the apprehensiion that grievous hurt will otherwise be the consquence of such assault.
1. Introduction:
It is a universally accepted principle that a person may protect himself from harm under approprate circumstances, even when that behaviour would normally constitute a crime. In the Pakistan Penal Code, each state allows a defendant to claim self-defense when accused of a violent crime, as does the government. The specific rules pertaining to self-defence vary from jurisdiction to jurisdiction, however. Let us consider some of the leading instances and prior leading judgements.
2. Definiton:
(i) Air 1930 Lah. 93:
The right of self defence, as defined by the law must be fastened in the citizens of every free country. If a man is attacked he need not run away, and he would be perfectly justified in the eyes of the law if he held his ground and delivered a counter-attack to his assailants provided always, that the injury which is inflicted in self-defence is not out of proportion to the injury with which he was threatened.
(ii) The Pakistan Penal Code, 1860:
Nothing is an offence which is done in the exercise of the right of private defence.
This section clearly indicates that the self-defence is a good defence to a criminal charge.
3. Circumstances:
According to Sectioin 97 of the Pakistan Penal Code, 1860, self defence is a good defence to a criminal charge in the following ftwo kinds or circumstances:
(i) Every person has a right to defend his own body, and the body of any other person, against any offence affecting the human body.
(ii) Every person has a right to defend the property, whether movable or immovable, of himself or of any other person, against any act which is an attempt to commit theft, robbery, mischief or criminal trespass.
4. Principless:
Principles which govern the right of private defence are as follows:
(i) Not expected to Weight his Actions:
When an accused person is in the process of exercise of his right of private defence, he is not expected to weigh his actions "in golden scales."
(ii) Modulate his Defence:
Nor can an accused person be expected to "modulate his defence step by step.
5. Basis of Private Defence:
Self Defence is the nature's oldest law. It is based on the law of necessity of self-preservation. The only consideration is that a person threatened severe of injury should not exceed the limits fixed by the law. This, of course, depends upon reasonable apprehension of danger to the person under the particular circumstances of the case.
(i) Private Defence of person:
The right of such defence commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commited and it continues as long as the apprehension of the danger to the body continues.
(ii) Private Defence of Property:
According to a decided case law, this right commences when a reasonable appprehensiion of danger to the property commences. In such cases all that is necessary for the defence to show is that he is in actual possession of the property and the question as to right of possession is immaterial.
6. Circumstances When right of Self Defence Extends to Cause Death:
(i) Apprehension of Death:
Such an assualt as may reasonably cause the apprehensiion that death will otherwise be the cosquence of such assault. In this situation, right of private defence can extend to cause death of other person.
(ii) Apprehension of Grieve Hurt:
Right of self defence extends to the volunatary causing death if an assualt as may reasonably cause the apprehensiion that grievous hurt will otherwise be the consquence of such assault.