Right Of Private Defence: An Analysis Of Section 96-106 Of The Indian Penal Code
Priya Pandey, B.A.LL.B., Thakur Ramnarayan College of Law, Mumbai
ABSTRACT
The right of private defence under the Indian Penal Code is an essential part of criminal law that allows individuals to protect themselves and their property in situations of immediate danger. Since the state cannot always provide instant protection, the law recognises that a person may need to act independently to prevent harm. This paper examines the legal framework provided under Sections 96 to 106 of the Indian Penal Code, which define the scope, conditions, and limits of this right. It focuses on key ideas such as reasonable fear, necessity, and proportionate use of force in determining whether an act of self-defence is justified. The study also analyses how courts interpret these provisions and apply them in real situations. At the same time, it highlights certain issues, including lack of clarity and chances of misuse, which affect consistent application of the law. The research is based on doctrinal analysis of statutes and judicial decisions. It aims to understand whether the current legal framework effectively balances individual safety with legal control. Overall, the paper presents a clear view of the importance and limitations of the right of private defence in India today.
Keywords: Private Defence, Indian Penal Code, Self Protection, Reasonable Fear, Use of Force
