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The right to self-defence is a fundamental legal principle that empowers individuals to protect themselves and others from unlawful harm. In the Indian legal framework, this right is codified under Sections 96 to 106 of the Indian Penal Code, 1860, which outline the circumstances under which a person may lawfully exercise force to safeguard life, body, or property. This dissertation, titled “An Analysis of Self-Defence Laws and Their Application in India,”presents a critical study of the legal provisions governing self-defence, examining their historical roots, legal evolution, and judicial interpretations. The research investigates how Indian courts have interpreted and applied the right of private defence, particularly focusing on the principles of necessity, proportionality, and the presence of a reasonable apprehension of danger. The study also addresses the complexities surrounding the misuse of this right and evaluates its impact in cases involving women and children, where the dynamics of threat and response often differ from conventional scenarios. Employing a doctrinal methodology supported by case law analysis, the dissertation identifies key challenges in the current legal regime and proposes recommendations for enhancing clarity, consistency, and fairness in the application of self-defence laws in India.
Keywords:
Self defence
Cite Article:
"An analysis of self defence law and their application in India", International Journal of Science & Engineering Development Research (www.ijrti.org), ISSN:2455-2631, Vol.10, Issue 4, page no.b650-b655, April-2025, Available :http://www.ijrti.org/papers/IJRTI2504180.pdf
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000380
ISSN:
2456-3315 | IMPACT FACTOR: 8.14 Calculated By Google Scholar| ESTD YEAR: 2016
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.14 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator