Analysing The Right To Private Defence Through The Lens Of Criminological Theories
- IJLLR Journal
- Jun 7
- 1 min read
Soumya Priyadarshini, BA LLB (H), SOA National Institute of Law
CHAPTER-I INTRODUCTION
Self-defence rights often known as the right of private-defence, this essential criminal law principle enables an individual to defend oneself, other people, or their property from impending harm. Many legal systems recognize this privilege, and it is typically upheld. The use of force in self-defence, however, must be limited when someone is in imminent and direct danger. This is to guarantee the reasonableness of preventive measures. and prevents unlawful violence from occurring. Every Indian citizen is entitled to self-defence against any outside force that could endanger them. Right to private defense is mentioned under s. 96-106 of IPC,1860.
The study of crime or criminology adds a deeper dimension to the right to self-defence. Criminal activity and societal responses gives information about the social, psychological, and environmental elements that influence how people view and react to dangers. Numerous factors affect it such as encompassing prior victimization, mental health, and personal history and the social setting According to criminology theory, people can misinterpret or exaggerate dangers.
DEFINITION OF PRIVATE DEFENCE
The term private defence is not properly defined in the IPC. In simpler terms it refers to the use of force by an individual to safeguard their life, liberty, or property. Sections 96 to 106 in chapter IV of IPC deals with General Exceptions which are exempted from the category of offenses under IPC.
