...right of private defence in cases in which there is time to have recourse to the protection of the public authorities. It further lays down that the right of private defence in no case extends to the...force--whether right of private defence existed or acceded. Displaced Persons Act, 1954 s. 19(3)-Scope of. HEADNOTE: Certain land which...caused injuries to some of them. Upon their subsequent prosecution, the plea taken on their behalf was one of private defence. Their case was that their relation J was the tenant in the land for over...

...to actual physical possession. Thus in our opinion the nature of possession in such cases which may entitle a trespasser to exercise the right of private defence of property and person should contain...has no right to destroy the crop grown by the trespasser and take forcible possession, in which case the trespasser will have a right of private defence and the true owner will have no right of private defence.These principles logically flow from a long catena of cases decided...exercise of their right of private defence of person and property. According to the defence two persons on their side were injured one of them Mohan Singh had received gunshot injury, whereas Bohar Singh...

...he is not within his rights when he takes a mob of men and forcibly clears the person in possession of the land in respect of which he has only title without possession. The right of private defence of property does not avail him; S. 99 of the Penal Code expressly sets out that there is no right of private defence in cases in...

...justified by the sections relating to private defence, and it was expressly pointed out that it did not fall under Clause 3 of Section 99 of the Penal Code. There is no right of private defence in cases in...was plenty of time to have recourse to the public authorities, therefore the law as to private defence does not apply. 3. This rule will be discharged. ...

...the apprehension was justified or not.Scope and Foundation of Private Defence24. The rule as to the right of private defence has been stated by Russell on Crimes (11th Edn., Vol. 1, p. 491) thus:“… a man is justified in resisting by force anyone who manifestly intends and endeavours by violence or surprise to commit a known felony against either his person, habitation or property. In these cases he....35. This Court in number of cases has laid down that when a person is exercising his right of private defence, it is not possible to weigh the force with which the right is exercised. The...appellant, Darshan Singh had the serious apprehension of death or at least the grievous hurt when he exercised his right of private defence to save himself.Brief enumeration of important cases39...

...private defence such act cannot give rise to any right of private defence in favour of the aggressor in return. This would seem to be so even if the person exercising the right of private defence has the better of his aggressor provided of course he does not exceed his right because the moment he exceeds it, he commits an offence. There is also no right of private defence in cases where.... That right, however, could not justify the act of appellant in stabbing Reotisingh in his back so as to cause his death. The right of private defence was a very limited one. It only extended to causing...hurt of any kind to Reotisingh, but it did not provide any justification for giving a fatal blow. Such a right of private defence is governed by Section 101 IPC and is subject to two limitations. One...

...of private defence to any of the side and if yes, which side. It cannot be said that both sides have a right of private defence. In any case, it would be disastrous to presume that in all cross cases with...injuries, there is a right of private defence. In some cases, there may not be any right of private defence to either side and it may be a case of free fight. Therefore, without going into the...persons on the accessed side and, therefore there is a probable defence of private defence apart from other defences. Therefore, the offence would not be punishable u/s 302 of IPC and the Sessions Court has...

...offences. The right of private defence, according to Section 99, does not extend to an act which does not reasonably cause the apprehension of death or of a grievous hurt if done or attempted to be done by a public servant acting in good faith etc. and there is also no right of private defence in cases in...defence of alibi and set forth a plea different from the right of private defence. The analogy of estoppel or of the technical rules of civil pleadings is, in cases like the present, inappropriate and...relates to the plea of private defence raised by them at the trial. The appellants who are ten in number were tried on as many as 22 charges by the Court of Additional Sessions Judge, Masulipatam and...

...contusion. It was submitted that in view of the serious injuries, some of which were inflicted by sharp cutting weapons, it could not be said that the appellants had exceeded their right of private defence...the occurrence, for the purpose of criminal law, the complainant must be treated to be in actual physical possession of the land so as to have a right of private defence to defend his possession even...of private defence of property and person should contain the following attributes:“(i) that the trespasser must be in actual physical possession of property over a sufficiently...

...by the separate trial inasmuch as his plea of private defence upheld in the other cases has not been properly appreciated in this case. It was also submitted that the decisions in the other cases...deaths were the subject-matter of other trials had apparently little to do with the right of private defence in shooting down Lauwa. On the concurrent conclusions of the two courts below on the appreciation of evidence it is quite clear that Lauwa was killed at a considerable distance from the place of occurrence in the other cases and...was made by the High Court on the same day on which the order in the present case was pronounced, that is, October 27, 1966. It, therefore, cannot be said that the issue of private defence was tried on a former occasion precluding the reception of evidence in the present case which would disturb or upset the finding in the other cases. And...

...of his office, though that direction may not be strictly justifiable by law.There is no right of private defence in cases in which there is time to have recourse to...period in R. v. Shunker Sing (1864) 1 WR (Cri) 34 the Court for exceeding the right of private defence convicted the accused and reduced the sentence.36. This Court also on several occasions dealt with the cases of...the right of private defence cannot be used to kill the wrongdoer unless the person concerned has a reasonable cause to fear that otherwise death or grievous hurt might ensue in which case that person would have full measure of right of private defence including killing.40. We have examined the cases of...

...:“But even if such an intention is imputed to them the right of private defence of property against criminal trespass which would arise in favour of the respondent will be taken away on account of the provisions of Section 99, IPC. It says that there is no right of private defence in cases in...is in two parts: the first enumerates acts against which there is no right of private defence and the second indicates the extent to which such right may be exercised. The third clause falling within the first part says there is no right of private defence in cases in...A.M Ahmadi, J.— The appellant was tried for the murder of Bhikari Pradhan. The trial court acquitted him giving him the benefit of the right of private defence to person and...

...Khan and others to institute a civil suit.7. The learned Assistant Government Advocate contended that the right of private defence given by S. 97, Penal Code, is “subject to the restrictions contained in S. 99, which, provides that:“there is no right of private defence in cases in...him to protect himself against by exercising his right of private defence. It could not have been the intention of the trainers of Ss. 97 and 99 to compel a person having the right of private defence of property to acquiesce in; criminal trespass or mischief, and not exercise his right of private defence at all. In most cases if...the District Magistrate it appears to have been contended on behalf of the applicant that they were in possession and apart from any question of right they had a right of private defence of property...

....The law relating to the right of private defence is in secs. 96 to 106 of the Indian Penal Code. Sec. 99 provides that there is no right of private defence in cases in which there is time to have...were within the limits allowed to the right of private defence, they are not guilty of rioting. We therefore make the Rule absolute and acquit the accused who are Petitioners in this case.Coxe, J.:— I agree. I have stated the view that I take of the right of private defence in cases of...right of private defence, be theft, mischief, or criminal trespass, not of any of the descriptions enumerated in the preceding section, that right does not extend to the voluntary causing of death but...

....There is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities.Extent to which the right may be...of the right of private defence. According to them, Godha Singh, Lakhi Ram, Jai Singh and Om Prakash came to their house armed with “lathi” and “balkati”. They started assaulting Rajpal Singh with...deceased Lakhi Ram were inflicted in exercise of the right of private defence. The High Court also considered the question — whether the right of private defence extended to the voluntary causing of death of...

...private defence; and (6) non-explanation of the injuries sustained by the accused, by the prosecution.Cross-cases be tried together7. Undisputedly...conviction with the aid of Section 149 is, thus, clearly impermissible. Their conviction under Section 148 would also go.Right of private defence...exceeded the right of private defence. The fact that PW 1 Babulal received the bullet injuries on his legs would clearly show that Jamunaprasad fired from 12-bore gun to free his father and themselves...

...Arijit Pasayat, J.— Self-preservation is the prime instinct of every human being. The right of private defence is a recognized right in the criminal law. Therefore, Section 96 of the Indian Penal Code, 1860 (in short “IPC”) provides that nothing is an offence which is done in the exercise of the right of private defence. The question is, as happens in many cases, where...establish that the injuries so caused on the accused probabilise the version of the right of private defence. Non-explanation of the injuries sustained by the accused at about the time of occurrence or in the course of altercation is a very important circumstance. But mere non-explanation of the injuries by the prosecution may not affect the prosecution case in all cases. This...indicated their aggressive mood. They were armed with sharp-edged weapons. Finally, it was concluded that the right of private defence was exceeded in its exercise.10. On...

...of scuffle between the parties. Cross cases have been registered. Who was the aggressor and who was having right of private defence these are matters to be decided only after trial of the cross cases. At...

...under the right of private defence. Both the cases were registered of offence under section 307 of I.P.C and therefore, it cannot be said that the respondents have crossed...their limit of their right of private defence. In such a case when the respondents were cultivating their field peacefully and complainant and their companions were the aggressors who were armed with...deadly weapons then right of private defence cannot be weighed on golden scales. The trial Court has rightly acquitted the respondents. There is no reason so that leave may be granted. Consequently...

...appellants right to defend the cutting of that tree if necessary by use of force. No doubt under Section 99, Indian Penal Code there is no right of private defence in cases in...that the injuries were caused in exercise of the right of private defence of body and property, their case being that the Mahwa tree in dispute belonged to Bhawani Prasad and that Karya and Bhagwan Bux...found that the appellants were entitled to exercise the right of private defence of property when Karya and Bhagwan Bux Singh were engaged in cutting it down but held them guilty of culpable homicide...