top of page

When Self-Defence Becomes Revenge: Where Should The Law Draw The Line?

18 minutes ago
1 min read



Priyanshi Parmar, BA LL.B., Amity Law School, Amity University Haryana


ABSTRACT


The right of private defence is an important part of criminal law because it allows individuals to protect themselves and others against unlawful aggression when public assistance may not be immediately available. However, defensive force may cross into retaliation when it continues after the danger has ended or is used to punish a past wrong. This paper examines that boundary under the Bharatiya Nyaya Sanhita, 2023 (BNS), particularly Sections 34–44, and considers the Supreme Court’s reasoning in Darshan Singh v. State of Punjab. Using doctrinal legal research, it analyses statutory rules and judicial principles to identify factors that distinguish protection from revenge. It argues that courts should not expect a person facing an imminent attack to calculate force with mathematical precision. At the same time, the plea of private defence should not excuse retaliatory violence. A contextual assessment of reasonable apprehension, defensive purpose, timing, and the nature of force can protect genuine defenders while preventing the misuse of self-defence as a justification for vengeance.


Keywords: Private defence; self-defence; Bharatiya Nyaya Sanhita, 2023; proportionality; imminence; criminal law; revenge.



Indian Journal of Law and Legal Research

​

Abbreviation: IJLLR

​

ISSN: 2582-8878

​

Website: www.ijllr.com

​

Accessibility: Open Access

​

License: Creative Commons 4.0

​

Submit Manuscript: Click here

​

Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

​

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

bottom of page