Showing posts with label reasonable apprehension. Show all posts
Showing posts with label reasonable apprehension. Show all posts

Tuesday, 4 April 2017

Whether right of private defence is available even if there is no actual commission of offence?

 Having regard to the above, we are of the view that the appellant
reasonably apprehended a danger to his life when the deceased and his
brothers started strangulating him after pushing him to the floor.
As observed by this Court a mere reasonable apprehension is enough to put
the right of self-defence into operation and it is not necessary that there
should be an actual commission of the offence in order to give rise to the
right of private defence. It is enough if the appellant apprehended that such
an offence is contemplated and is likely to be committed if the right of
private defence is not exercised.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No. 1548 OF 2011

SURESH SINGHAL  V  STATE (DELHI ADMINISTRATION) 

Dated:February 02, 2017
Citation:(2017)2 SCC 737
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