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Can i be convicted for hurting a person in self defense
24-May-2023 (In Criminal Law)
Sir ,if i fear a grave threat on myself from a family member and next time whenever i meet him i choose to recorded by a secret camera and whent i got an attempt to murder on my self then i hit him on his foot . in self defence///is this a self created conflict or if i am the culprit
YOUR QUERY 19719
Dear client!!!
You have not sent full facts regarding your case but however, i would answer your query in such a way so that you may understand the requirement of law.
Every person in a civilized society has a legal right of self defence or we may say that to protect his own person and also the person of others. The legislature has put this law in the shape of general exceptions in Indian Penal Code. The basic requirement of claiming immunity under general exceptions is that there should have been a proportionate use of force which i will illustrate like this, suppose if A slaps B, and in turn B kills A, then B cannot claim immunity because the force used by him on A is dis-proportionate and law does not recognize it. According to your facts some one has attempted murder on you and in turn to protect your body you hit him on the foot which is a propotionat use of force on your part and if it is proved then you would be entitled to immunity under law of general exceptions. Hence you are not a culprit in the eyes of law.
Dear client!!!
You have not sent full facts regarding your case but however, i would answer your query in such a way so that you may understand the requirement of law.
Every person in a civilized society has a legal right of self defence or we may say that to protect his own person and also the person of others. The legislature has put this law in the shape of general exceptions in Indian Penal Code. The basic requirement of claiming immunity under general exceptions is that there should have been a proportionate use of force which i will illustrate like this, suppose if A slaps B, and in turn B kills A, then B cannot claim immunity because the force used by him on A is dis-proportionate and law does not recognize it. According to your facts some one has attempted murder on you and in turn to protect your body you hit him on the foot which is a propotionat use of force on your part and if it is proved then you would be entitled to immunity under law of general exceptions. Hence you are not a culprit in the eyes of law.
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