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Nothing
is an offence, which is done in the exercise of the right of private defence.
In order to find out whether the right of private defence existed or not the entire
incident should be examined with care and in its proper setting. The injuries
received by the accused, the imminent threat to his safety, the injuries caused
by the accused and the circumstances whether the accused had time to have recourse
to public authorities are all relevant factors to be considered on a plea of private
defence. There are also some limitations on the right of private defence of person
or property, they are:
that if there is sufficient time for recourse
to public authorities, the right is not available,
that more harm
than that is necessary should not be caused,
that there must be
a reasonable apprehension of death or grievous hurt or hurt to the person or damage
to the property concerned.
PUNISHMENT
The court would
first find out whether the right of private defence existed or not and consider
the case in its proper setting, then only would it decide the punishment.
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