Shoot an intruder- Go directly to JAIL!

[indiaone]

Dear Goodboy_mentor & Other friends,

The following is the legal position in India:-
Section 96 to Section 106 of the Indian Penal Code provides the right odf self defence to the Citizen and the restriction under which this Right can be exercised.A few examples of important court decisions are as follows:-
Where a minor girl was being sexually molested and her father hit the assailant resulting in consequential death ,it was held that the father was entitled to the right of private defence irrespective of the fact whether the affair was with or without the consent of the girl, as she was a minor.(Yeshwant Rao Vs State of Madhya Pradesh 1992 SC).
Where the father of the accused was being given lathi blows by the complainant party, the accused fired from the licensed gun of his father to defend his father , it was held that he had acted in the exercise of the right of private defence whether the injuries caused to his father were simple or grievous.(Bhagwan Swarup Vs State of Madhya Pradesh 1992SC)
Where , two drunk and armed raiders demanded money from the residents of a flat and in face to face with the inmates who resisted them ,lost their lives, the Supreme Court upheld the right of private defence of the residents.( K S Mishra Vs State of Maharastra AIR 1989 SC 1173)
Section 100 states that the Right of Private Defence of the body extends, under the restrictions mentioned in Sec-99, to the voluntary causing of death or of any other harm to the assailant , if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely:-
First- Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault;
Second- Such an assault as will reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault;
Thirdly- An assault with the intention of committing rape;
Fourthly- An assault with the intention of gratifying unnatural lust;
Fifthly- An assault with the intention of kidnapping or abducting;
Sixthly- An assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release.
The above will give you some idea as to what the Indian Law provides for self defence. The subject is elaborate and there are several thousand importnt judgements of the Supreme Court and the High Courts on his issue. Comments are welcom.

[hvj1]

Wonderful, Thanks for the info. I can breathe a little easier!
Regards

[ssmickey.32]

Wonderful, Thanks for the info. I can breathe a little easier!
Regards

YES!

Thanks indiaone...

[goodboy_mentor]

Excellent, Thanks indiaone

[biking3819]

excellent!thanks.
regards sanjiv

[indiaone]

Dear Goodboy_mentor and friends,
Another important aspect of the Law on Self Defence that yoy should know is the right to protection of property. Section 103 of the IPC states that ,‘The right of private defence of property extends, under the restrictions mentioned in Section-99, to the voluntary causing of death or of any other harm to the wrong doer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right ,be an offence of any of the descriptions hereinafter enumerated ,namely-
First – Robbery
Secondly – Housebreaking by night .
Thirdly – Mischief committed by fire committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling ,or as a place for the custody of property;
Fourthly – Theft, , Mischief or House-trespass, under such circumstances as may reasonably cause apprehension that death or grievous heart will be the consequence ,if such right of private defence is not exercised .
It would be a good idea for all gun owners to have knowledge of the law of the land , so that they do not get into avoidable complications. I would strongly advice all of you to go through the relevant provisions of the IPC. It is available in the net and I have already indicated the relevant Sections in my previous Post.

[goodboy_mentor]

This is really good, thank you!

[Sakobav]

Indiaone

thanks for breaking down the law...
Best

[Olly]

Law does not require a citizen to be a coward: SC
Dhananjay Mahapatra, TNN, 17 January 2010, 02:59am IST
Text Size:

NEW DELHI: At a time when terrorism and mafia pose a grave security threat to India, the Supreme Court has given a pro-active meaning to the `right to self-defence' and said the law does not require a law-abiding citizen to behave like a coward when confronted with an imminent unlawful aggression.

Nothing is more degrading to the human spirit than to run away in the face of danger, said a Bench comprising Justices Dalveer Bhandari and A K Ganguly. It laid down a 10-point guideline on right to self-defence, under which a person cannot be accused of committing a crime even if he inflicted mortal wounds on the aggressor.

But, it warned against using it as a tool to settle scores or enmity. It also did not approve the use of force in excess of what was warranted to avert imminent danger to the life and property of the person exercising the right to self-defence.

"The citizen, as a general rule, are neither expected to run away for safety when faced with grave and imminent danger to their person or property as a result of unlawful aggression, nor are they expected, by use of force, to right the wrong done to them or to punish the wrong doer of commission of offence," said Justice Bhandari writing the judgment for the Bench.

"The right of private defence is thus designed to serve a social purpose and deserves to be fostered within the prescribed limits," it said.

When can one resort to his right to self-defence? "A mere reasonable apprehension is enough to put the right of self-defence into operation, but it is also settled position of law that a right of self-defence is only right to defend oneself and not to retaliate. It is not a right to take revenge," the Bench said.

Taking a closer look at the SC judgments of the last 50 years, the Bench crystallised a 10-point guideline to make a common man understand his right to self-defence and its operation. The main points are:

Right to self-defence available to only one facing imminent danger

Mere reasonable apprehension is enough to put this right into operation

It is unrealistic to expect a person under assault to modulate his defence step by step with any arithmetical exactitude

Force used in self-defence ought not to be wholly disproportionate than necessary for protection of self or property

Person who is in imminent and reasonable danger of losing his life or limb may in exercise of self-defence inflict any harm even extending to death on his assailant either when the assault is attempted or directly threatened

http://timesofindia.indiatimes.com/indi ... 453715.cms

[hvj1]

Thank you Olly

[Amit357]

Hi guys the Supreme Court has given a very good judgement on this account.it is in the Times of India dt 17.01.2010,they have taken all the situations into account and given a beautiful judgement on this issue.If there is an intruder blow him to hell the cops cant do a damm,thats the ruling of the highest court of the country

[drifter]

that is good news indeed,
drifter

[goodboy_mentor]

that is good news indeed,

That is a good news indeed, no doubt about it, but it is only the half part of complete story, the rest is the means to defend oneself as allowed by Section 96 to Section 106 of the Indian Penal Code. How forthcoming is the government in allowing it's citizens to acquire firearms to defend their legal right for self protection is the main and real question? What steps have been taken till now by government to encourage the citizens to arm themselves to protect their right as allowed by Section 96 to Section 106 of the Indian Penal Code?

[eternalme]

Amusing goodboy,

Do you want the government representative to get his pants down and show you the color of his undies ?

Come on ! we all know that the police density is low , there is no way a citizen can be provided state level security even in one hour if required .
In short our lives are a soap bubble if you just rely on the government paraphernalia for security , look at the neta jis - they are also not sure, hence twice the security guards than required.

Lets stop hoping guys , get a 'Gulel' and start practicing with marbles or 'kancha' , thats more in line with self defense with a 'laathi' , as Laathi is mentioned as one of the article of self defense not requiring a license.

News - laathi against katta, AKs and revolvers , happens only in India

Regards

[goodboy_mentor]

News - laathi against katta, AKs and revolvers , happens only in India

Let us not loose hope and give up in frustration. Let me ask one ultimate truth: How many times since independence have the law abiding citizens got up united to voice their concern about ownership of firearms for self protection? If I am not wrong answer is never except THIS year, that also when matters started going from bad to WORSE(when Home Ministry cleverly put up a draft at it's website around holiday season(Christmas time) to bring about the most illogical, senseless and draconian amendments to cleverly take away whatever little practical rights for self defense are available to citizens).
Please refer: http://indiansforguns.com/viewtopic.php?f=15&t=8618 and http://indiansforguns.com/viewtopic.php?f=3&t=8412
I would request each and everyone reading this to let everyone around them know about proposed draconian amendments aimed to cleverly take away their ability to exercise legal rights for self defense, join NAGRI once membership is opened and also bring in as many members from their neighborhood, colleagues, friends and relatives to join NAGRI. And most important of all, continuously participate in whatever way or form possible to further the cause from every direction.
I wish NAGRI grows one day into something like NRA of USA, with millions of members from every city, village of the country, from every section of the society, from top industrialists to daily wage earners. India will affirm it's commitment to true democracy the day, when even a cottage of a laborer will have a gun on it's wall, symbolizing true freedom and dignity.