Right to self defense has very limited scope in criminal law, although criminal jurisprudence allows it but with limited use to defend the person or property to the extend it only disable the offender from inflicting harm to the person or the property, what is limit of disability depends from case to case, but what should be minimum force that disables the offender has to be applied, as far an aggressor cannot claim this right as he/her will be considered an offender not defender. Indian Penal Code section 96 -106 clearly provide scoop & conditions that are applicable for such a right of private defense, read these sections & you will know the extend & scoop of this right
2007-03-17 18:13:23
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answer #1
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answered by vijay m Indian Lawyer 7
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Generally, one who initiates an altercation has no right to use force in his own defense during that altercation. However, the aggressor can "regain" his right to use self-defense in two ways: 1) An aggressor who, in good faith, effectively removes himself from the altercation, and communicates to the other person his desire to remove himself, regains his right to use self-defense, and 2) If the victim of the initial aggression suddenly escalates a "minor" altercation into one involving deadly force and does so without giving the aggressor the chance to withdraw, the aggressor may use force in her own defense.
2007-03-16 03:09:01
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answer #2
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answered by tagosb 2
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If you strike the othe chap first you cannot claim to have been defending yourself.
2007-03-16 00:41:17
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answer #3
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answered by Jacob W 7
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if you throw the first punch you can't say you were defending yourself against an attack.
2007-03-16 01:36:42
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answer #4
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answered by danili 3
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