Know what is Self Defense and How it can be proved?
General
There are sections in IPC regarding self defense. They can be summed up in two points.
1) A person has right to strike at assailant in order to protect his person, family or property. But such right should not be exercised, more than necessary, and not to be used in a cruel way.
2) A woman is given additional right of self defense. In order to protect herself against rapist, she can kill if it is necessary and unavoidable.
Uncertainty
What use of force was necessary in the facts of case is always a matter of fact. The Judges can take different views as per different facts of each case.
How to prove self defense in trial court is another problem area.
Supposed a thief breaks at night in your house and you had to kill him in order to save your family and property.
But how will you prove this self defense in Courts ?
In order to prove Self Defense you have to take specific plea in trial court saying that you killed in self defense.
It means, you have to first admit crime. After you have admitted, suppose court refuses to believe your defense theory, than you can be convicted on basis of your admission that you killed. !
Thus to take a plea of self defense is like gambling. Your lawyer may advise not to do such admission and such plea.
And if you do not make admission and do not take specific plea of self defense, the court cannot give you benefit of self defense laws.
Way Forward
Supreme Court should take pragmatic view of laws and should allow accused to take alternative plea of self defense and admissions made for purpose of taking plea of self defense, should not be used to convict accused, if his plea of self defense fails.
Need of the hour
The crime is on increase. Not enough police force. People should be allowed to use self defense laws more easily. Law needs to be more clearer on this issue.
Haresh Raichura
29/5/2016
