January 2, 2013

Law of Self Defense:: A girl apprehending rape, has right to kill assailant under sec 100(3) of IPC.

Sec.100 (3) IPC gives right a girl apprehending reasonable assault of rape, to kill the assailant. This is a right of private defense. If the girl is in a situation, where he had reasonable apprehension of being raped, then in order to prevent rape, her right of self defense extends even to killing assailant if it is must.

Rajsthan High Court has further held that such right to kill is also available to husband if some one tries to rape his wife. 1992 Crl L J 2566 Raj.

Haresh Raichura
2/1/2013