Court : Supreme Court of India
Reported in : 1995(3)Crimes251(SC); JT1995(5)SC272; 1995(4)SCALE379; (1995)5SCC187; [1995]Supp1SCR863
..... there was no danger of death or grievous hurt and, therefore, they had no right to cause the harm which they have caused to the complainant party.as regards the right of private defence of property, the only offence committed by the complainant party, was that under section 447 of the indian penal code, and that would not give the accused a right of self-defence to the extent of causing grievous hurt to death.thus the action of the accused party was neither within the scope of section 100 of the indian penal code ..... party had criminally trespassed thereon and the uncontroverted evidence on record that four of the accused sustained injuries in the incident, the trial court ought to have held, in view of section 96 of the indian penal code, that no offence was committed by the accused as they acted in bonafide exercise of their right of private defence of property and person. ..... it conversely, there is no right to private defence against any act which is not ..... against one of them a charge under section 6 of the terrorist and disruptive activities (prevention) act, 1985 ('act' for short) read with sections 25 and 27 of the arms act, 1959 was also framed and therefore they were tried by a designated court constituted under section 9 of the act ..... whether moveable or immoveable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom580; 1956CriLJ987
..... act of the accused was not an offence against section 186, penal code.section 99, penal code, was relied upon, but this court held that the collector's order was entirely ultra vires as to leave no room for the operation of either the first or the second clause of section 99 penal code.in this case inasmuch as an attempt was made to seize the goods of the applicant under an executive order, which the gram panchayat had no power to pass until it had taken certain steps the applicant had a right ..... hewas entitled to defend his property and if in sodefending he used force on the secretary, and if hedid not exceed his right of private defence, hecould not be convicted.4. ..... under section 97 to resist the seizure of the goods, and inasmuch as the order under which his goods were sought to be attached was ultra vires, there was no room for the operation of either the first or the second clause of section 99 penal code.it is true of course that in this case the village panchayat might have ordered recovery of the tax from the applicant .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002CriLJ3257
..... right of private defence cannot be claimed against an act which is itself in exercise of the right of private defence. ..... a diffuse swelling with tenderness present on dorso-lateral aspect of upper part of right forearm.there was fracture of the he'ad of the metacarpal bone.2. ..... in the present case there was no unlawful aggression by the complainant party which could be justifiably repelled by the accused ..... on mid of front of right thigh with diffuse swelling around it.there was fracture of both the bones of left forearm and ulna of right forearm.4. ..... 57/1 and there was no question of private defence of property and person ..... after investigation the charge-sheet under sections 294, 325, 323, 307 and 436, i.p.c ..... 57/1 for the last ten years and there was entry of her name also with hanslal in the revenue papers but hanslal got her name deleted and that was the reason she filed the civil suit ..... on left shoulder and left forearm on dorsum aspect.there was no grievous injury on the accused persons.9. ..... active bleeding was present, caused by hard and blunt object, duration within three hours.there was fracture of both the parietal bones.5. ..... 57/1 which was in his actual possession and at that time girjabai, narbad, kapurchand, tarachand and krishna kumar came there and caused injuries to them by axe and lathis.5 ..... there was a counter-case which was sessions case ..... now there is no dispute that the incident of marpit did take place between both the ..... there is no evidence direct or circumstantial to that .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC1172; JT2008(2)SC127; RLW2008(2)SC1062; 2008(2)SCALE67; (2008)3SCC55; 2008(1)LC232(SC)
..... the question which arises for our adjudication is that in the facts and circumstances of this case whether the accused appellants are protected by the right of private defence as enumerated by section 96 of the indian penal code.17. ..... acts against which there is no right of private defence. ..... - there is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act, may not be strictly justifiable by law.there is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done or attempted to be done, by the direction of a public servant acting in good faith under colour 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 .....
Tag this Judgment!Court : Rajasthan
Reported in : 2007CriLJ2865; RLW2008(1)Raj329
..... the most salient of them concerned the defence of body are as under; firstly, there is no right of private defence against an act which is not in itself an offence under the code; secondly, the right commences as soon as - and not before - a reasonable apprehension of danger to the body arises from an attempt or threat to commit some offence although the offence may not have been committed and it is conterminous with the duration of such apprehension (section 102). ..... if it is a case of an assault with the intention of gratifying unnatural lust, the right of private defence of the body would arise under section 100, indian penal code, and would extend, under the restrictions mentioned in section 99, indian penal code, to the voluntary causing of death or of any other harm to the assailant. ..... one of the restrictions mentioned in section 99, indian penal code, is that the right of private defence does not extend to the inflicting of more harm than it is necessary to inflict for the purpose of defence. ..... burden of proving that case of accused comes within exceptions; - when a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the general exceptions in the indian penal code, (45 of 1860), or within any special exception or proviso contained in any other part of the same code, or in any law defining the offence, is upon him, and the court shall presume the absence of such circumstances.13. .....
Tag this Judgment!Court : Orissa
Reported in : 1992CriLJ2907
..... the right of private defence conferred by section 97 of the indian penal code, 1860 (in short 'ipc'), is subject to the limitations, contained in section 99. ..... the accused while accepting almost the entire prosecution version, added that the deceased and his father had assaulted him, as a result of which he sustained injuries and with a view to protect himself, in exercise of his right of private defence swung the lathi which unfortunately hit the deceased on the head and therefore, there was no culpability attracted.3. ..... the subject-matter of the right of private defence comprises body or property of the person exercising the right, or of any other person; and the right may be exercised in the case of any offence against the body, and in the case of attempts at offences like theft, robbery, mischief or criminal trespass in relation to property. ..... according to the learned counsel for the petitioner, even if it is conceded that the accused had any right of private defence of body and property, after any apprehension of danger to such body and property had ceased, the question of his having acted in furtherance of such right did not arise. ..... the accused protested to such act, and did not allow the deceased to continue, and in the altercation that followed, no words were exchanged and suddenly the accused dealt a lathi blow on the head of the deceased, as a result of which he fell down, was taken to hospitals, and succumbed on the next day. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... section 96 of the indian penal code, 1860 declares in clear terms that nothing is an offence which is done in the exercise of the right of private defence ..... was committed to the court of sessions and the learned additional sessions judge, aurangabad framed charges under sections 143, 147, 148, 120b, 302 read with section 149, 307 read with section 149, 324 read with section 149, 504 read with section 149 and section 201 read with section 149 of the indian penal code, 1860 against all the accused. ..... in the case cannot be covered by any of the exceptions under section 300 of the indian penal code, 1860 and as such, the act of killing deceased nazir was nothing else but plain murder. 16. ..... 95/2011 and 97/2011 submitted that there was no life threat to the accused no.1 from the deceased nazir and the exercise of right of private defence at the most could have been against p.w.5 shaikh salman, who was allegedly wielding knife, and such right ceased to be available the moment it ..... in our considered opinion, cast obligation on the courts judging the culpability of the accused persons to ascertain whether the act/s of every accused involved in the crime was/were done in the exercise of the right of private defence or not, if such plea is raised by anyone of the accused either before the trial court or before the appellate ..... and paws in his armoury attacks relatively defenceless human being out of fear; and the accused no.1 amjad being not an exception, was not expected to act differently. 32. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... section 96 of the indian penal code, 1860 declares in clear terms that nothing is an offence which is done in the exercise of the right of private defence ..... was committed to the court of sessions and the learned additional sessions judge, aurangabad framed charges under sections 143, 147, 148, 120b, 302 read with section 149, 307 read with section 149, 324 read with section 149, 504 read with section 149 and section 201 read with section 149 of the indian penal code, 1860 against all the accused. ..... in the case cannot be covered by any of the exceptions under section 300 of the indian penal code, 1860 and as such, the act of killing deceased nazir was nothing else but plain murder. 16. ..... 95/2011 and 97/2011 submitted that there was no life threat to the accused no.1 from the deceased nazir and the exercise of right of private defence at the most could have been against p.w.5 shaikh salman, who was allegedly wielding knife, and such right ceased to be available the moment it ..... in our considered opinion, cast obligation on the courts judging the culpability of the accused persons to ascertain whether the act/s of every accused involved in the crime was/were done in the exercise of the right of private defence or not, if such plea is raised by anyone of the accused either before the trial court or before the appellate ..... and paws in his armoury attacks relatively defenceless human being out of fear; and the accused no.1 amjad being not an exception, was not expected to act differently. 32. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(1)AWC495(SC); 2008BusLR16(SC); 2007(2)CTLJ249(SC); JT2007(12)SC517; (2008)2MLJ857(SC); 2007(13)SCALE126
..... discharging on roof of transit shed.the contractors shall ensure the discharge of cargo in a vessel handled by him at the rate not less than what is provided for in the charter party of the concerned vessel and ultimately if there has been any short fall in discharge of the vessel at the stipulated rate and consequential demurrage charges, the contractor will be responsible for the same and will make good whatever losses and expenses ..... finally, it is submitted that principles of quantum meruit under section 70 of the indian contract act, 1872 (in short the 'contract act') has no application in view of the specific contractual provisions. ..... (v) the claim for enhanced rate for additional quantity discharged under section 70 of the contract act on the principle of quantum meruit would not be applicable since there was a stipulation under the contract for payment at the rate of rs. ..... if no such representation in writing is received within the said time, the contractor's right in this regard will be deemed to have been waived.xx - services to be performed by the contractors:part i for stevedoringthe contractor shall render all the services, which are usually performed by the stevedors. ..... letters dated 30.9.1994, 14.10.1994 directed the respondent herein to handle more cargo than what was prescribed above and consequently the respondent herein started handling cargo to the tune of 1200 to 1300 mt per day against the contracted rate of 750 m.t. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1959Bom284; (1959)61BOMLR30; 1959CriLJ825; ILR1959Bom852
..... the learned government pleader, however, says that the accused was not entitled to act in the exercise of the right of private defence because of paragraph of section 99, indian penal code, which runs as follows:'there is no right of private defence against an act which does not reasonable cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act may not be strictly justifiable by law. ..... it was under these circumstances that the court held that, although the direction of the district superintendent of police was not in accordance with law, the sub-inspector of police was protected by paragraph 1 of section 99 of the indian penal code against the exercise of the right of private defence by the accused. ..... now, as held above, it was the police constables who initially assaulted the accused by attempting to drag him forcibly to the dispensary, and prima facie the accused had the right of private defence against that action under section 97 of the indian penal code. ..... it was because the order which the sub-inspector of police was carrying out in that case was apparently lawful, but was found to be unlawful on account of technical defect, that the learned judges held that the accused was deprived of the right of private defence by paragraph 1 of section 99 of the indian penal code. .....
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