The Right of Private Defense in Indian Criminal Justice System

Abstract: The concept of private defense in the Indian criminal justice system serves as a legal safeguard for individuals against imminent threats to their life, liberty, and property. Codified under Sections 96 to 106 of the IPC, this right empowers individuals to act against unlawful aggressors, ensuring their safety and upholding the principle of self-preservation. The provisions detail the extent and limitations of this right, balancing it with the need to prevent misuse. Notably, the right of private defense is not absolute and must be exercised within reasonable bounds. It ceases once the threat subsides or when public authorities can provide protection. This paper explores the legal framework of private defense in India, examining its historical evolution, judicial interpretations, and contemporary relevance. By analyzing key case laws and statutory provisions, the paper aims to elucidate the scope and boundaries of this fundamental right, emphasizing its significance in maintaining law and order while protecting individual freedoms.