Self defense law under criminal law

The author of this blog is Apoorva Sharma of the 8th  semester, pursuing 5-year law at  Rajasthan University UFYLC Jaipur.

This research combines with a careful philosophical discussion of rational justification. Self- defense together with detailed discussion of the range of statutory self- defense requirements, as well as, other relevant issues like battered women early guilt, self-defense and excessive self-defense. it is imperative to determine the determine proper rationale for self-defense, and only then to drive the appropriate solution. The term self-defense I used in this research is familiar to both to both to the general public and jurists.

The term private defense (1) includes various concepts from Anglo -American law, self defense, defense of another, defense of property and defence of the dwelling. The term self defense is the term this is too narrow. Since it does not encompass the  defence of another and defense of another’s property. It is therefore preferably used as term private defense. Private defense is an exception to the criminality of an act. Collective self-defence is the guiding principle of international alliances, which main objective is to dissuade, retaliate or minimize   the impact of an external aggression, but self-defence is managed according to criteria, and its application differs depending on the capacity of the different actors to implement it. The right of self-defence considered in the UN Charter (Article 51) could be individual or collective. This includes dissuasion and prevention of armed conflicts, as long as the UN Charter is fully respected. The right of self-defence has its source as a customary rule, which was transformed into a written rule under the Kellogg-Briand Pact. The treaty mentioned that self-defence is a natural right of every sovereign State, which must be assumed in any treaty or agreement. The other signing States did not oppose to this concept, and in fact several countries have exercised this right.

(1)- private defense is termed as self defence .

Even in states that require a person to retreat from the threat of imminent harm before defending themselves, a person can often use deadly force against someone who unlawfully enters their home. This rule, also known as “the castle doctrine,” allows people to defend their homes against intruder through lethal force.

For example, self defense describes a situation wherein one person reasonably uses force to defend himself against an attack by another person on the subway. A person might use non-deadly force, or deadly force, to defend himself, depending on the situation.

The legal term self - defense refers to a type of affirmative defense used to explain one person’s use of force against another person.

1.    The act of defending oneself, one’s family, or one’s property through the use of force.

2. A plea of justification for the use of force, or for the killing of another person.

There are two ways a person can remain protected under self defense laws if he was the one to start the conflict. The first is if he chose to leave the fight and informed the aggressor of his surrender, and the aggressor pursued him anyway. The second is if the other person responded to the presentation of a conflict with excessive force.

Right of self-defense
The right of self defense (2)is the right for a person to use reasonable force to defend himself, his property, or the lives of others. If necessary, the use of deadly force can be permitted, depending on the circumstances. Once someone uses excessive force, which is more force than the situation truly calls for, then he gives up his right to self defense.

Reasonable force refers to the amount of force that is necessary for a person to defend himself or his property, without going overboard. It is especially important to prove whether or not the force a person used was reasonable in order to determine his level of liability for the crime. Hence why reasonable force is also referred to as “legal force.”  For example, a father who gets into an argument with his son’s baseball coach, shoving him with his hands, has started the conflict. If the coach, in defending himself, picks up a baseball bat and slams it into the father’s head several times, it could not reasonably be considered self defense. If a person can prove that he used reasonable force to defend himself, he may be able to avoid being prosecuted for a crime.

If a person uses more force than what would be considered necessary to protect himself from an aggressor, then this would be considered excessive or unreasonable force. Once excessive force has been proven, then the defendant’s self-defense argument is considered forfeiture.

In criminal law, there is a requirement known as the duty to retreat. The duty to retreat is the condition that a person who is being threatened should not “stand one’s ground” and use deadly force to defend himself. Instead, he should retreat from the situation and seek safety, if that is possible. Imperfect self-defense is a common law, which holds that a defendant can avoid punishment for using deadly force, so long as he can prove that he had an honest – if unreasonable – belief that his actions were necessary. In using imperfect self defense, a defendant may be able to reduce his liability for his crime.

(2)  These are the rights given by the constitution of India to all citizens in term of self –defence

 For instance, in some jurisdictions, the successful usage of imperfect self defense can reduce a murder charge to manslaughter(3).

 We have given respective rights as self-defense if someone tries to harm us. if someone insults a woman or tries to kill a person, then the law empowers a common man to kill that person. This is not just the powers vested in the police, if someone is insulting any mother and sister, if somebody tries to immolate a house or shop, or if someone tries to kill a person in front of you, then a common man has been empowered by the law to kill that person. A common man should understand his responsibilities. We as Indian citizens hardly know our rights of self defense. In case of bodily harm and death, a person can use the necessary force to protect himself. We  have been provided with some defense laws by our constitution

Self defense in rape and theft 
According to the right of private defense sections 96 and 97 of the Indian Penal Code, nothing is an offense that is done in the exercise of the right of private defense. According to the right of private defense of the body and of property, every person has a right to defend his own body or that of any other person or against any offense affecting the human body. According to Section 100 of the Indian Penal Code, the criminal can be fatally attacked. When the right of private defense of the body extends to causing death, which includes voluntarily causing death or of any other harm to the assailant.

Self-defense done in protecting himself will not be prosecuted in the eyes of law.

 Self-defense in kidnapping and wrong full acts harming the body of a person.

One can attack on his assailant if there is any intention of rape or kidnapping. . The victim may also knock the other died when he is apprehensive of a blow or an injury on him, though the latter may not have inflicted any blow or injury.

 It is also said that self-defense done in intervention to protect himself is the right of an individual. Self-defense also arises when there is a sudden quarrel in which both the parties engage, or on account of the initial provocation given by the person who has to defend himself in the end against an assault endangering life. 

(3) the crime of killing a human being without malice aforethought, or in circumstances not amounting to murder.
Self-defence has been used for over a century by feminists to defend their bodily integrity and assert their right to citizenship.

In terms of definitions women’s self-defense is a combination of techniques drawn form of Martial arts (5)  and assertiveness taught within different pedagogies. WSD includes feminist self-defense and variations such as padded attacker courses. It does not include safety advice or training which advises restricting women’s freedom. Feminist self-defense includes a critical analysis of self-defense which holds perpetrators accountable and challenges victim blame. Women and girls, including victim-survivors, take up self-defense when it is easy to access.

Self-defense skills can be an integral component of intervention for domestic violence survivors with disabilities. Self-defense classes heighten self-confidence,

reduce fear, and foster a positive self-image as well as feelings of self-worth.

(4) vaw -Violence against women (VAW), also known as gender-based violence and sexual and gender-based violence (SGBV), are violent acts primarily or exclusively committed against women or girls.

(5) Martial arts are codified systems and traditions of combat practiced for a number of reasons such as self-defense; military and law enforcement applications; competition; physical, mental and spiritual development; and entertainment or the preservation of a nation's intangible cultural heritage.