Can I hit police for self defense if I get physically assaulted

734 votes

Section 96 and section 97 of Indian penal code gave right of self defence to everybody to protect his own body or others body and protect his property and others property subject to the limitation as envisage in section 99 of IPC that means your act of private defence should be reasonable and not excessive at any point of time.suppose if a man tries to hurt you by a stone you have private defence of prevent him by slap him but not attack with rod.further when police acts according to law as per direction of higher authority you have no right of private defence as said in section 99 of ipc.in that case said by you liability to prove your innocence lies on you only.

Advocate Saravana Kumar LawRato

217 votes

The question of whether it's legally permissible to use force against the police for self-defense when faced with physical assault is a complex and sensitive matter that involves a careful examination of the circumstances, applicable laws, and individual rights. Let's delve into this issue, taking into account the information provided on the linked page.

• Self-Defense and the Law: In India, self-defense is recognized as a legitimate right, and individuals have the right to protect themselves from physical harm or imminent danger. This right is not limited to encounters with private individuals but extends to situations involving law enforcement as well. However, the use of force in self-defense against the police is subject to certain conditions:
• Proportional Force: When using force in self-defense against the police or anyone else, it must be proportional to the threat faced. Excessive force may not be justified.
• Imminent Danger: Self-defense is typically allowed when there is an imminent threat of physical harm. It is essential to establish that the use of force was necessary to prevent injury or danger.
• No Retreat: In some jurisdictions, individuals are not required to retreat from the threat before using force in self-defense. However, this varies by location.
• Reasonable Belief: The person using force must have a reasonable belief that their actions are necessary for self-defense.
• Immediate Reporting: After using force in self-defense against the police, it is advisable to report the incident as soon as possible and cooperate with any subsequent investigations.
• Legal Consequences: Using force against the police, even in self-defense, can have legal consequences. It may lead to an arrest, and the matter may be subject to investigation and legal proceedings. It is essential to understand that the law considers the circumstances surrounding the use of force.

In cases where a person believes that they had to use force against the police in self-defense, it is advisable to seek legal counsel immediately. An experienced attorney can assess the situation, guide the individual through the legal process, and ensure that their rights are protected.

In conclusion, while self-defense is a recognized right, the use of force against the police in such situations must be carefully evaluated and justified based on the circumstances. It is essential to understand the laws and regulations applicable in your jurisdiction, seek legal advice when needed, and cooperate with any legal proceedings that may follow.

Advocate Chikirsha Mohanty LawRato

405 votes

Although you have the right of self-defense, physically retaliating at a police officer could have serious legal implications. Consider the following options to protect yourself instead of resorting to violence: - Remain calm and composed in order to prevent further escalation. Call for help if possible.

Advocate Chikirsha Mohanty LawRato