Self Defence laws in Indian Law
In simple terms, if anyone as much as touches another, without the latter's consent, it can be treated as a 'Simple assault' and brought to prosecution. Other offenses like 'Assault', 'Hurt', 'Injury', 'Trespass' , 'Attempt to Murder', 'Murder' etc can be charged against Kravist / any Martial artist when using any of his/her skills on some one. This being the Rule, there are Exceptions.
When can a Kravist/ martial Artist use their Martial Skill on someone else and not become criminally Liable?
There are many Exceptions which can be found in Indian Laws as to 'use of force' in a justifiable manner and it differs on a case to case basis. To comprehend the Law it is imperative that everyone become familiar with the laws regarding the justifiable use of force or Self Defense.
Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person's consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit:
Provisos Provided-
First- That this exception shall not extend to the intentional causing of death, or the attempting to cause death;
Secondly- That this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity;
Thirdly- That this exception shall not extend to the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt;
Fourthly- That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend.
No communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person.
Nothing is an offence which is done by a person who is compelled to do it by threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence: Provided the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint.
Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm.
Nothing is an offence which is done in the exercise of the right of private defence.
Every person has a right, subject to the restrictions contained in section 99, to defend- First- His own body, and the body of any other person, against any offence affecting the human body; Secondly- The property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.
When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.
There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act, may not be strictly justifiable by law.
There is no right of private defence against an act which does not, reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law.
There is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities.
Extent to which the right may be exercised- The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence.
The right of private defence of the body extends, under the restrictions mentioned in the last preceding section, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely:-
First- Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault;
Secondly- Such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault;
Thirdly- An assault with the intention of committing rape;
Fourthly- An assault with the intention of gratifying unnatural lust;
Fifthly- An assault with the intention of kidnapping or abducting;
Sixthly- An assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release.
If the offence be not of any of the descriptions enumerated in the last preceding section, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions mentioned in section 99, to the voluntary causing to the assailant of any harm other than death.
Section 102. Commencement and continuance of the right of private defence of the body :
The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence though the offence may not have been committed; and it continues as long as such apprehension of danger to the body continues.
The right of private defence of property extends, under the restrictions mentioned in section 99, to the voluntary causing of death or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter enumerated, namely:-
First- Robbery;
Secondly- House-breaking by night;
Thirdly. - Mischief by fire committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or as a place for the custody of property;
Fourthly- Theft, mischief, or house-trespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised.
If the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right of private defence, be theft, mischief, or criminal trespass, not of any of the descriptions enumerated in the last preceding section, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions mentioned in section 99, to the voluntary causing to the wrong-doer of any harm other than death.
The right of private defence of property commences when a reasonable apprehension of dancer to the property commences. The right of private defence of property against theft continues till the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the property has been recovered. The right of private defence of property against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or of instant personal restraint continues. The right of private defence of property against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief. The right of private defence of property against house-breaking by night continues as long as the house-trespass which has been begun by such house-breaking continues.
If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk.
This was just a glimpse into the principles of the intricate legal system of India. As we all know the Use of Force is a matter of personal discretion, when anybody's Life / Properties is under threat or attack it is up to every individual to decide to let go and become a victim of a crime or resist the attempt and protect and safeguard what is righteously their own!
And should you decide to resist/defend your self be sure you know what you are doing. Learning a fighting / defensive system like Krav Maga can go a long way in helping common man in protecting and defending their Lives & Properties, while remaining in the ambit of 'Use force necessary for the purpose of defense' in accordance with the restrictions made out by the Laws in Indian Legal System.
