Have Indians become cowards because of lack of clarity and certainty on "Self Defense Law"?

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

1982 Supreme Court judgement has still not seen light of day in India

In 1982, in Avtar Singh case Supreme Court  of India held that it is inhuman to force accused to remain standing in court during trial.

Today, after 34 years, the judgment is yet to see light of day in trial court.

It is for High Courts to implement the spirit of judgment and to give directions to trial court.

But till today, as I see it, accused do have to stand in courts during trial.

(Blog post idea credit to Shri Adv.Anant Saxena)

Haresh Raichura
24/4/16

Some tips on what legal steps a person can consider to prevent abuse on social media ?

1) Please note that in title, I have used word "Prevent" and not used word "Prosecute".

The first rule of battles is not to start fight without knowing strength of enemy.

Behind anonymous or fake handles, you do not know who is there. It can be a mouse or a tiger.

If a criminal mentality person is using fake handle to abuse, then you must know that it is not your job to prosecute criminals.

There is no law in India to protect complainants and witnesses.

Avoid taking blind risks.

2) Use simple preventive measures like blocking and reporting to social media's grievance site.

They will probably check and suspend the fake account.

3) If abuse is such that you may have to initiate legal action, then first make "emails to self" of the offending posts, tweets or updates.

This way you will have digital evidence with you. Or take screen shots. Whatever you think fit. But collect the evidence.

4) Cyber cell, etc agencies are still new in India. They may or may not have enough manpower to deal with your complaint effectively.

But still if you think you must initiate police actions, you can search their addresses from website and can register complaint.

5) And what if they do not take any action?

Then you need advice of a lawyer. He may advice you about filing a criminal complaint in court of a Magistrate or can advice you to file civil suit for preventing abuse and / or to seek damages and/ or to seek injunction or stay orders against website also.

6) Remember first rule of battles. Do not start battles without first assessing your own strength.

Haresh Raichura (c)
22/5/2016