Criminal Law: If you say that you killed in private defence, you have take plea of private defence and prove it in trial court.


In villages, sometimes aggressor party gets kille and real victim who tried to save himself is prosecuted as murderer.

In such a case, only defending oneself in trial is not enough. Sec.96 to 98 and 100 to 106 of IPC apply.

It is duty of accused to bring on record evidence to justify Private Defence, 1) By giving deposition on oath 2) Or through cross-examination of witnesses.

2012(5) SCALE 52 on page 57 para 13 Arjun’s Case

Haresh Raichura

Leave a Reply

Please log in using one of these methods to post your comment: Logo

You are commenting using your account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s