Self-defence or Man-slaughter?

A posts related to self defence/ home defence. Please post anything related to legal aspects in the 'Legal Eagle' section.
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Ambi
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Self-defence or Man-slaughter?

Post by Ambi » Tue Nov 23, 2021 9:57 am


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4X4
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Re: Self-defence or Man-slaughter?

Post by 4X4 » Tue Nov 23, 2021 10:56 am

Absolutely Self Defense. Who knows , if at all the Robbers were even carrying knives , they could have killed the person for robbing him if he would have attacked then with bare hands.

He was lucky it was all captured on CCTV.

Now it's a different story to what charges will be put on him by the Judge. Law is volatile in nature , the Judge can sentence the person too on account of killing a person.

If there is any Senior Advocate on this Forum , please educate us as to what charges can be put on by Judges in Indian Courts for such a Self Defense activity.

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revolver
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Re: Self-defence or Man-slaughter?

Post by revolver » Tue Nov 23, 2021 12:27 pm

From what the report states, all three robbers were armed. Plus plenty of CCTV forage available to collaborate the Uber driver’s version. Even though the driver is likely to be charged but very unlikely to be convicted since the incident occured in his own property and he had a valid permit for his firearm. But that’s not always the case in all such self-defence shootings where when it has to be proven beyond doubt that the attackers were armed and had intentions to grievously injure tho victim, the victim maybe depending on circumstances be charged with man-slaughter. It will all depend on the available evidence as how the judge perceives it.

marksman
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Re: Self-defence or Man-slaughter?

Post by marksman » Tue Nov 23, 2021 7:59 pm

A CCTV clip like this can't save the victim/shooter entirely in Indian scenario and if at all then he'll end up almost bankrupt. Needless to say that his handgun will rust and rot for decades side by side with the duration of the court cases before he gets his hands on it again. (with some important parts missing if it's of a good make). Better get robbed I say.

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ckkalyan
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Re: Self-defence or Man-slaughter?

Post by ckkalyan » Thu Nov 25, 2021 5:33 am

Sadly, in the matter of self-defense, which results in loss of life - laws are increasingly targeting the victim/defender.
  • Did you call 911 (Police Emergency)? and
  • Did you wait till they arrived?
  • Did you use proportionate force?
  • Did you use an appropriate tool/implement?
The victim could be a corpse or severely injured or half-dead during this time! :roll:

The victim will get charged with various offenses; which he has to fight in court with money he doesn't have. There is no guarantee that he will get off. If by some great luck, all charges are dropped, then he is free to get back to begin a new life - from scratch (bankrupt)! This situation is entirely possible. :cry:

I haven't explained all this very well however, it so is in the case of self-defense here in Canada. Anything used to cause bodily harm to another person - e.g. an umbrella which anyone is allowed to carry - suddenly becomes a prohibited weapon! The attacker's lawyer charges the victim and claims compensation!! What travesty!! :deadhorse:
When guns are outlawed, only outlaws will have guns!

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