Case law on the right to private defense

May 30, 2023

In Narsang Pathabhai, (1890), One evening, the accused learned that the complaining parties planned to visit his property the next day and remove the maize that had been planted there. The following day about early, he received information that the those complaining had broken into his property and had begun collecting the maize. He then immediately went to the scene, followed by the other accused, and argued with the those complaining before they started attacking the accused. Both sides suffered severe harm in the ensuing melee, and the complainants’ party’s head ended up dead. The accused had the right to a private defence because the complainants were the attackers, and they weren’t required to take any action based on the previous information.

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