This document discusses the law around private defence in criminal cases under Indian law. It makes several key points:
1) Private defence is a defensive right that can only be claimed when circumstances clearly justify it for self-defence purposes, not as an excuse for aggressive or retributive acts.
2) There is no right of private defence against acts of public servants acting in good faith while discharging their legal duties.
3) The right of private defence commences when there is a reasonable apprehension of danger to oneself or another and lasts only as long as the threat remains. It must not involve more force than necessary to defend.
4) Private defence can legally extend to causing death in self
Criminal Law II - General Defences (Part 2)intnmsrh
The document summarizes general defences in criminal law, including consent, duress, and private defence.
Consent is not a defence if given under fear, misconception, unsoundness of mind, or by a minor. Duress is a defence for threats of instant death that reasonably cause apprehension, but not if the accused voluntarily exposed themselves to threats.
Private defence must be used to avert an impending danger, commences with reasonable apprehension of harm, and ends when the apprehension stops. More harm than necessary cannot be inflicted, and recourse to authorities must be attempted if possible.
The document discusses the law of private defence under the Indian Penal Code. It defines the right to private defence of one's body and property as outlined in Sections 96-106 of the IPC. It discusses when the right extends to causing death or harm other than death. The key conditions for invoking the right of private defence of the body to cause death are discussed. The commencement and continuation of the right of private defence of both body and property are explained. Important case laws pertaining to kidnapping, abduction, wrongful restraint and confinement are also summarized.
Law of Duress in Malaysia and United KingdomASMAH CHE WAN
This document discusses the defense of duress in criminal law in Malaysia, the UK, and Singapore. It begins by defining duress as a defense that excuses criminal liability if the accused committed a crime due to threats that reasonably caused fear of instant death. It then examines the key elements of duress according to Malaysian law, including that the threat must be directed at the accused, involve fear of instant death, and require the physical presence of the coercer. The document also analyzes relevant case law and compares how duress is treated in common law versus under the Malaysian Penal Code.
The document appears to be a term paper submitted by Md. Abdul Karim to Dr. Rehena Siddiqua at ASA University Bangladesh on the topic of the right of private defence. It includes a dedication, foreword, declaration, acknowledgements, list of cases, common abbreviations, and table of contents outlining the structure of the paper. The paper will discuss the meaning and classification of the right of private defence under Bangladeshi law, the right of private defence of body and property, and restrictions on the use of private defence.
The document discusses the right of private defense under Indian law. It notes that sections 96-106 of the Indian Penal Code specify circumstances where private defense is a valid defense against committing an offense. These include defending one's life from harm, or defending against someone who is not fully mentally sound. However, private defense does not apply to acts that do not cause reasonable apprehension of death or injury, or acts done by public servants acting in good faith and under color of their office.
Someone walks up and hits your friend in the face so you hit them back. In this situation, you could argue self-defense in law. Self-defense is a common law defense that allows reasonable force to be used to defend oneself or others from harm. The degree of force used must be reasonable based on the circumstances as the defendant perceived them. While some mistaken beliefs can be taken into account, beliefs caused by voluntary intoxication cannot justify excessive force. The defense of self-defense either entirely succeeds or fails; if excessive force was used, self-defense is not a valid defense.
COMPARE AND CONTRAST THE DEFENSE OF DURESS IN MALAYSIA, UK AND SINGAPOREASMAH CHE WAN
The document discusses the position of duress as a defense in criminal law in Malaysia. It analyzes several elements and requirements of duress based on Section 94 of the Malaysian Penal Code and case law precedents. Key points discussed include: the threat must be of instant death; the threat must be directed at the defendant; the physical presence of the coercer is required; and the defense cannot be used if the defendant voluntarily associates with a criminal group. Case examples from Malaysia, Singapore, the UK, and other jurisdictions are also analyzed to compare how courts have interpreted and applied the defense of duress.
This document discusses the law around private defence in criminal cases under Indian law. It makes several key points:
1) Private defence is a defensive right that can only be claimed when circumstances clearly justify it for self-defence purposes, not as an excuse for aggressive or retributive acts.
2) There is no right of private defence against acts of public servants acting in good faith while discharging their legal duties.
3) The right of private defence commences when there is a reasonable apprehension of danger to oneself or another and lasts only as long as the threat remains. It must not involve more force than necessary to defend.
4) Private defence can legally extend to causing death in self
Criminal Law II - General Defences (Part 2)intnmsrh
The document summarizes general defences in criminal law, including consent, duress, and private defence.
Consent is not a defence if given under fear, misconception, unsoundness of mind, or by a minor. Duress is a defence for threats of instant death that reasonably cause apprehension, but not if the accused voluntarily exposed themselves to threats.
Private defence must be used to avert an impending danger, commences with reasonable apprehension of harm, and ends when the apprehension stops. More harm than necessary cannot be inflicted, and recourse to authorities must be attempted if possible.
The document discusses the law of private defence under the Indian Penal Code. It defines the right to private defence of one's body and property as outlined in Sections 96-106 of the IPC. It discusses when the right extends to causing death or harm other than death. The key conditions for invoking the right of private defence of the body to cause death are discussed. The commencement and continuation of the right of private defence of both body and property are explained. Important case laws pertaining to kidnapping, abduction, wrongful restraint and confinement are also summarized.
Law of Duress in Malaysia and United KingdomASMAH CHE WAN
This document discusses the defense of duress in criminal law in Malaysia, the UK, and Singapore. It begins by defining duress as a defense that excuses criminal liability if the accused committed a crime due to threats that reasonably caused fear of instant death. It then examines the key elements of duress according to Malaysian law, including that the threat must be directed at the accused, involve fear of instant death, and require the physical presence of the coercer. The document also analyzes relevant case law and compares how duress is treated in common law versus under the Malaysian Penal Code.
The document appears to be a term paper submitted by Md. Abdul Karim to Dr. Rehena Siddiqua at ASA University Bangladesh on the topic of the right of private defence. It includes a dedication, foreword, declaration, acknowledgements, list of cases, common abbreviations, and table of contents outlining the structure of the paper. The paper will discuss the meaning and classification of the right of private defence under Bangladeshi law, the right of private defence of body and property, and restrictions on the use of private defence.
The document discusses the right of private defense under Indian law. It notes that sections 96-106 of the Indian Penal Code specify circumstances where private defense is a valid defense against committing an offense. These include defending one's life from harm, or defending against someone who is not fully mentally sound. However, private defense does not apply to acts that do not cause reasonable apprehension of death or injury, or acts done by public servants acting in good faith and under color of their office.
Someone walks up and hits your friend in the face so you hit them back. In this situation, you could argue self-defense in law. Self-defense is a common law defense that allows reasonable force to be used to defend oneself or others from harm. The degree of force used must be reasonable based on the circumstances as the defendant perceived them. While some mistaken beliefs can be taken into account, beliefs caused by voluntary intoxication cannot justify excessive force. The defense of self-defense either entirely succeeds or fails; if excessive force was used, self-defense is not a valid defense.
COMPARE AND CONTRAST THE DEFENSE OF DURESS IN MALAYSIA, UK AND SINGAPOREASMAH CHE WAN
The document discusses the position of duress as a defense in criminal law in Malaysia. It analyzes several elements and requirements of duress based on Section 94 of the Malaysian Penal Code and case law precedents. Key points discussed include: the threat must be of instant death; the threat must be directed at the defendant; the physical presence of the coercer is required; and the defense cannot be used if the defendant voluntarily associates with a criminal group. Case examples from Malaysia, Singapore, the UK, and other jurisdictions are also analyzed to compare how courts have interpreted and applied the defense of duress.
This document provides an introduction and table of contents to a study of the right of private defence. It discusses how the right of self-defence has evolved from a natural right in the state of nature to a qualified right recognized by modern democratic states. While states have a monopoly on violence, they still recognize an individual's right to use reasonable force for self-defence when faced with clear and imminent danger to person or property. The study will examine the principles and evolution of the right of private defence under Indian law and various other legal systems such as English and American law.
Duress is a defense that excuses criminal conduct committed under threat of harm. It requires an immediate threat of death or serious bodily harm that creates reasonable fear and leaves no safe opportunity to escape. Persuasion is not enough - the violence or threat must completely overcome one's will. Case law shows duress still applies if danger is imminent even if the threat is not currently present, but it does not apply if one voluntarily places themselves in danger or has escaped the threat. Duress cannot be used as a defense for serious crimes like murder.
The document discusses the differences between murder and culpable homicide under Indian law. It examines the exceptions under Section 300 that may reduce a murder charge to culpable homicide not amounting to murder. These exceptions include provocation, exceeding the right of private defense, a public servant exceeding their powers, sudden fight, and consent. The document analyzes several court cases to illustrate how the exceptions have been applied in practice and the criteria courts consider in determining whether an exception applies.
This document summarizes criminal offenses against persons, including definitions, elements, and statutes regarding assault, battery, stalking, hazing, reckless endangerment, rape, and sexual battery. It discusses the evolution of laws from common law to modern statutes. For example, it notes that all states now define stalking as a crime and that legislative reforms have expanded definitions of rape to be gender-neutral and include other forms of nonconsensual penetration.
Culpable homicide is the unlawful killing of a human being without intent to kill or cause serious bodily harm. It becomes murder when committed with the direct intent to kill or cause grievous bodily harm. The document outlines the key elements that distinguish culpable homicide from murder under Indian penal code, including intentionality, knowledge of likely death, and presence of grave and sudden provocation or exercise of private defense. It also provides illustrations of cases that fall under culpable homicide but not murder.
Custody Issues in Context of Domestic Violence for Muslim and Non-MuslimASMAH CHE WAN
This document discusses domestic violence and child custody issues in Malaysia. It begins by defining domestic violence and outlining the relevant laws in Malaysia, including the Domestic Violence Act 1994. It then examines cases related to determining custody when domestic violence or marriage breakdown has occurred. The court aims to consider the welfare of the child and wishes of all parties involved. Custody is determined differently for Muslim and non-Muslim families. The document also discusses what constitutes proof of marriage breakdown, including behaviors relating to domestic violence, under civil and Syariah laws in Malaysia.
This document outlines the key provisions of Pakistan's Anti-Terrorism Act of 1997, which was passed to combat terrorism and sectarian violence in the country. Some key points:
- It defines terrorist acts and scheduled offenses. A terrorist act involves violent acts like bombings or arson that endanger people or property.
- It allows the government to call in armed forces and civil armed forces to aid in preventing terrorist acts and scheduled offenses. These security forces are given powers like police officers to arrest suspects and seize weapons.
- Acts intended to stir up sectarian hatred, like threatening or insulting behavior, are prohibited. Those engaging in such acts can face imprisonment and fines.
- Special courts are
This document defines homicide and discusses the different types of homicide offenses, including murder and manslaughter. It notes that manslaughter can be committed in three ways: 1) with intent for murder but a partial defense applies, 2) through grossly negligent conduct that results in death, or 3) through an unlawful and dangerous act that results in death. Murder requires an unlawful killing with intent to kill or cause grievous bodily harm. Some killings may be lawful, such as in self-defense. There are also partial defenses to murder, such as diminished responsibility, that can reduce a murder charge to manslaughter if successfully argued.
This document discusses euthanasia in Nigeria from a legal and societal perspective. It begins by defining euthanasia and outlining the medical justifications provided for it. However, it argues that the right to life is protected under the Nigerian constitution and cannot be waived, with few exceptions. Killing another person is seen as highly unlawful and against societal norms. The document concludes that euthanasia would not be accepted in Nigerian society as it violates the sacredness of life.
This document provides an introduction and definitions for key terms used in the Indian Penal Code of 1860.
1) It establishes the title and extent of operation for the Code, which applies to the whole of India except the state of Jammu and Kashmir.
2) Key terms like "public servant", "judge", and "court of justice" are defined to clarify their meaning and application throughout the Code.
3) The document also covers gender, number, and definitions for other terms to ensure consistent understanding across the Code.
This document discusses the rights of the accused in criminal cases from both a constitutional and criminal law perspective in India. Under constitutional law, it outlines rights like the right to a fair trial, equality before the law, right to life and liberty, right to legal counsel, and right to not be detained without cause. Under criminal law, it discusses the presumption of innocence, right to know the grounds of arrest, right to bail, right to be presented before a magistrate, right to a speedy trial, right to legal counsel, right to privacy, right to be present at trial, right to cross-examine witnesses, right to appeal, and right to humane treatment in prison. It also discusses two relevant court cases that further
General Exceptions in Indian Penal Code from section 76 to 106 are exception to general principles of criminal law and criminal law are subject to such exceptions. Right to private defense is also discussed in the instant presentation
This document discusses culpable homicide and murder under Indian law. It begins by noting that murder accounts for 59% of convictions under the Indian Penal Code. It then examines the origins and meanings of homicide and murder from Latin and Old French roots. The key differences between culpable homicide and murder are outlined, with murder requiring intent to cause death or knowledge that an act could likely cause death, while culpable homicide has a broader scope. Punishments are also specified under sections 302 and 304 of the Indian Penal Code. Case examples are provided to help distinguish between the two offenses.
This document discusses culpable homicide and murder under the Indian Penal Code. It defines culpable homicide as causing death by doing an act with the intention of causing death or bodily injury likely to cause death. The key ingredients of culpable homicide are discussed, including causing the death of a human by doing an act with intention to cause death or injury likely to cause death. Murder is defined as culpable homicide committed with the intention to cause death. Exceptions to murder and illustrations of both offenses are provided. The document distinguishes between culpable homicide and murder and notes their respective punishments under the Indian Penal Code.
The document summarizes key rights recognized in the Philippine constitution. It discusses the rights of the accused, including due process, right to bail, rights against self-incrimination, and rights to a speedy trial. It also covers the Miranda rights stemming from a landmark US Supreme Court case, rights related to arrests and exceptions for warrantless arrests. Habeas corpus rights are also addressed, including allowances for suspension during times of rebellion or invasion.
1) The document discusses the distinction between culpable homicide and murder under Indian law. Culpable homicide is a broad category that includes murder, but not all culpable homicides are considered murder.
2) For an offense to qualify as murder, the death must be caused unlawfully with the intention to kill or cause serious injury that could likely cause death, or with the knowledge that the act could immediately cause death or serious injury.
3) Culpable homicide only requires unlawfully causing death with the intention to kill or cause likely injury, or with knowledge the act was likely to cause death. Murder requires a higher level of intent or knowledge of likely harm.
General Exception under Indian Penal Code Law Laboratory
Detailed Presentation on General Exception under Indian Penal Code, 1860. (Section 76-106)
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
This chapter discusses common law and modern statutory definitions of criminal homicide offenses in Tennessee. At common law, murder required an unlawful killing with malice aforethought, while manslaughter involved an unlawful killing without malice. Modern statutes in Tennessee classify homicide into degrees of murder, voluntary/involuntary manslaughter, vehicular homicide, reckless homicide, and criminally negligent homicide, with varying penalties. The chapter also examines legal issues regarding suicide, abortion, removal of life support, and acts resulting in fetal death.
The general maxim "necessity recognizes no law" and "it is the main obligation of man to first aid himself" serve as the foundation for the right of self-defence. Self-preservation is a human trait that, in all practical terms, he shares with every other creature. The first rule of criminal law is self-help. The right to private defence is a significant one, and it is primarily preventive rather than punitive in character. If state assistance is not available, it is nonetheless accessible despite hostility. The right of private defence is purely preventive and not punitive or retributive. Every person in India has the legal right to self-defence of body and property under the penal code outlined nation governing the right to private defence of person and property outlined in Sections 96 to 106. Private defence is a right for everyone.
This document provides an introduction and table of contents to a study of the right of private defence. It discusses how the right of self-defence has evolved from a natural right in the state of nature to a qualified right recognized by modern democratic states. While states have a monopoly on violence, they still recognize an individual's right to use reasonable force for self-defence when faced with clear and imminent danger to person or property. The study will examine the principles and evolution of the right of private defence under Indian law and various other legal systems such as English and American law.
Duress is a defense that excuses criminal conduct committed under threat of harm. It requires an immediate threat of death or serious bodily harm that creates reasonable fear and leaves no safe opportunity to escape. Persuasion is not enough - the violence or threat must completely overcome one's will. Case law shows duress still applies if danger is imminent even if the threat is not currently present, but it does not apply if one voluntarily places themselves in danger or has escaped the threat. Duress cannot be used as a defense for serious crimes like murder.
The document discusses the differences between murder and culpable homicide under Indian law. It examines the exceptions under Section 300 that may reduce a murder charge to culpable homicide not amounting to murder. These exceptions include provocation, exceeding the right of private defense, a public servant exceeding their powers, sudden fight, and consent. The document analyzes several court cases to illustrate how the exceptions have been applied in practice and the criteria courts consider in determining whether an exception applies.
This document summarizes criminal offenses against persons, including definitions, elements, and statutes regarding assault, battery, stalking, hazing, reckless endangerment, rape, and sexual battery. It discusses the evolution of laws from common law to modern statutes. For example, it notes that all states now define stalking as a crime and that legislative reforms have expanded definitions of rape to be gender-neutral and include other forms of nonconsensual penetration.
Culpable homicide is the unlawful killing of a human being without intent to kill or cause serious bodily harm. It becomes murder when committed with the direct intent to kill or cause grievous bodily harm. The document outlines the key elements that distinguish culpable homicide from murder under Indian penal code, including intentionality, knowledge of likely death, and presence of grave and sudden provocation or exercise of private defense. It also provides illustrations of cases that fall under culpable homicide but not murder.
Custody Issues in Context of Domestic Violence for Muslim and Non-MuslimASMAH CHE WAN
This document discusses domestic violence and child custody issues in Malaysia. It begins by defining domestic violence and outlining the relevant laws in Malaysia, including the Domestic Violence Act 1994. It then examines cases related to determining custody when domestic violence or marriage breakdown has occurred. The court aims to consider the welfare of the child and wishes of all parties involved. Custody is determined differently for Muslim and non-Muslim families. The document also discusses what constitutes proof of marriage breakdown, including behaviors relating to domestic violence, under civil and Syariah laws in Malaysia.
This document outlines the key provisions of Pakistan's Anti-Terrorism Act of 1997, which was passed to combat terrorism and sectarian violence in the country. Some key points:
- It defines terrorist acts and scheduled offenses. A terrorist act involves violent acts like bombings or arson that endanger people or property.
- It allows the government to call in armed forces and civil armed forces to aid in preventing terrorist acts and scheduled offenses. These security forces are given powers like police officers to arrest suspects and seize weapons.
- Acts intended to stir up sectarian hatred, like threatening or insulting behavior, are prohibited. Those engaging in such acts can face imprisonment and fines.
- Special courts are
This document defines homicide and discusses the different types of homicide offenses, including murder and manslaughter. It notes that manslaughter can be committed in three ways: 1) with intent for murder but a partial defense applies, 2) through grossly negligent conduct that results in death, or 3) through an unlawful and dangerous act that results in death. Murder requires an unlawful killing with intent to kill or cause grievous bodily harm. Some killings may be lawful, such as in self-defense. There are also partial defenses to murder, such as diminished responsibility, that can reduce a murder charge to manslaughter if successfully argued.
This document discusses euthanasia in Nigeria from a legal and societal perspective. It begins by defining euthanasia and outlining the medical justifications provided for it. However, it argues that the right to life is protected under the Nigerian constitution and cannot be waived, with few exceptions. Killing another person is seen as highly unlawful and against societal norms. The document concludes that euthanasia would not be accepted in Nigerian society as it violates the sacredness of life.
This document provides an introduction and definitions for key terms used in the Indian Penal Code of 1860.
1) It establishes the title and extent of operation for the Code, which applies to the whole of India except the state of Jammu and Kashmir.
2) Key terms like "public servant", "judge", and "court of justice" are defined to clarify their meaning and application throughout the Code.
3) The document also covers gender, number, and definitions for other terms to ensure consistent understanding across the Code.
This document discusses the rights of the accused in criminal cases from both a constitutional and criminal law perspective in India. Under constitutional law, it outlines rights like the right to a fair trial, equality before the law, right to life and liberty, right to legal counsel, and right to not be detained without cause. Under criminal law, it discusses the presumption of innocence, right to know the grounds of arrest, right to bail, right to be presented before a magistrate, right to a speedy trial, right to legal counsel, right to privacy, right to be present at trial, right to cross-examine witnesses, right to appeal, and right to humane treatment in prison. It also discusses two relevant court cases that further
General Exceptions in Indian Penal Code from section 76 to 106 are exception to general principles of criminal law and criminal law are subject to such exceptions. Right to private defense is also discussed in the instant presentation
This document discusses culpable homicide and murder under Indian law. It begins by noting that murder accounts for 59% of convictions under the Indian Penal Code. It then examines the origins and meanings of homicide and murder from Latin and Old French roots. The key differences between culpable homicide and murder are outlined, with murder requiring intent to cause death or knowledge that an act could likely cause death, while culpable homicide has a broader scope. Punishments are also specified under sections 302 and 304 of the Indian Penal Code. Case examples are provided to help distinguish between the two offenses.
This document discusses culpable homicide and murder under the Indian Penal Code. It defines culpable homicide as causing death by doing an act with the intention of causing death or bodily injury likely to cause death. The key ingredients of culpable homicide are discussed, including causing the death of a human by doing an act with intention to cause death or injury likely to cause death. Murder is defined as culpable homicide committed with the intention to cause death. Exceptions to murder and illustrations of both offenses are provided. The document distinguishes between culpable homicide and murder and notes their respective punishments under the Indian Penal Code.
The document summarizes key rights recognized in the Philippine constitution. It discusses the rights of the accused, including due process, right to bail, rights against self-incrimination, and rights to a speedy trial. It also covers the Miranda rights stemming from a landmark US Supreme Court case, rights related to arrests and exceptions for warrantless arrests. Habeas corpus rights are also addressed, including allowances for suspension during times of rebellion or invasion.
1) The document discusses the distinction between culpable homicide and murder under Indian law. Culpable homicide is a broad category that includes murder, but not all culpable homicides are considered murder.
2) For an offense to qualify as murder, the death must be caused unlawfully with the intention to kill or cause serious injury that could likely cause death, or with the knowledge that the act could immediately cause death or serious injury.
3) Culpable homicide only requires unlawfully causing death with the intention to kill or cause likely injury, or with knowledge the act was likely to cause death. Murder requires a higher level of intent or knowledge of likely harm.
General Exception under Indian Penal Code Law Laboratory
Detailed Presentation on General Exception under Indian Penal Code, 1860. (Section 76-106)
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
This chapter discusses common law and modern statutory definitions of criminal homicide offenses in Tennessee. At common law, murder required an unlawful killing with malice aforethought, while manslaughter involved an unlawful killing without malice. Modern statutes in Tennessee classify homicide into degrees of murder, voluntary/involuntary manslaughter, vehicular homicide, reckless homicide, and criminally negligent homicide, with varying penalties. The chapter also examines legal issues regarding suicide, abortion, removal of life support, and acts resulting in fetal death.
The general maxim "necessity recognizes no law" and "it is the main obligation of man to first aid himself" serve as the foundation for the right of self-defence. Self-preservation is a human trait that, in all practical terms, he shares with every other creature. The first rule of criminal law is self-help. The right to private defence is a significant one, and it is primarily preventive rather than punitive in character. If state assistance is not available, it is nonetheless accessible despite hostility. The right of private defence is purely preventive and not punitive or retributive. Every person in India has the legal right to self-defence of body and property under the penal code outlined nation governing the right to private defence of person and property outlined in Sections 96 to 106. Private defence is a right for everyone.
1. Consent can act as a defense in criminal law by negating the intent element of a crime. The Indian Penal Code describes excuses like consent that are not considered offenses.
2. Consent is defined broadly in Sections 87-91 of the IPC as a general defense and is also mentioned as a defense in specific sections related to offenses against the body and property. Where consent is obtained through fraud, fear or from an unsound person, it is not valid consent.
3. For offenses like murder, the consent of the victim only reduces the charge to culpable homicide, rather than absolving culpability. In rape, lack of consent is a key element of the offense as amended in 2013.
This document summarizes the law around private defence and self-defense. It discusses when force can be used in defence, including that it must be necessary and proportionate to the threat. Force cannot be disproportionate to the harm threatened. There is no general duty to retreat but an attempt to disengage or withdraw from combat must be made if possible. The right of private defence extends to defending property as well as persons. Deadly force may be used in defence of one's home. Reasonable force can also be used to prevent crimes against property from occurring.
E DIGEST U/S 279, 337, 338,304 A, 304 II of India penal codesArjunRandhir2
E DIGEST ONU/S 279, 337, 338304 A, 304 II OFINDIAN PENAL CODE&OFFENCES RELATING TOM. V. ACT 1988.(SPECIALLY FOCUS ON ACCIDENTAL CASES)
Liabilities on civil as well criminal case
1. The document discusses the concept of coercion or duress in contract law. Coercion is defined as committing or threatening any act forbidden by the Indian Penal Code or unlawfully detaining property with the intention of causing someone to enter an agreement.
2. Coercion removes a person's freedom of choice and substitutes their aims with those coercing them. It affects the constraints under which a person maximizes their objectives, rather than removing their objectives entirely.
3. Coercion under Indian law is broader than the English law concept of duress, which originally only recognized threats of violence. Duress now includes threats to property or economic interests. However, legitimate commercial pressure to
This document discusses the concept of justifying circumstances under Philippine law. It defines justifying circumstances as acts that are deemed not to have transgressed the law due to being in accordance with the law. Six specific justifying circumstances are outlined: self-defense, defense of relatives, defense of strangers, state of necessity, fulfillment of lawful duty, and obedience to superior orders. The document then goes into detail about the elements and requirements of self-defense, defense of relatives, and defense of property. It discusses what constitutes unlawful aggression, reasonable necessity of the means used, and lack of sufficient provocation in order to claim self-defense.
This document discusses the legal issues surrounding the extraterritorial use of drones to combat terrorist threats. It examines whether such use is permitted under international law frameworks of jus ad bellum and international humanitarian law. Key points discussed include:
- Drones fall under either the laws of armed conflict or international human rights law, depending on whether their use is part of an armed conflict.
- For armed conflicts, international humanitarian law provides the framework. For self-defense or law enforcement outside armed conflicts, international human rights law and the domestic laws of involved states apply.
- Under the UN Charter, states can only use force abroad with Security Council authorization or in self-defense following an armed attack. Interpreting self-defense
Every society requires tranquilly and favourable conditions to advance. Disrupted and anarchic civilizations tend to devote all of their resources to unimportant endeavours. On the other hand, kids can develop and flourish if they have a sense of safety, security, and order. Herein lies the significance of the police in society. This system existed at all eras, in one form or another, with varying roles and obligations.
The document discusses use of force theory for security guards. It covers:
- Security guards may need to use force and must understand use of force models and maintaining composure.
- Canadian law allows security guards to use reasonable force as necessary but are responsible for any excessive force.
- Guards should understand excited delirium syndrome and positional asphyxia, which can occur during restraints.
- The National Use of Force Model helps guards choose an appropriate response based on the situation.
This document discusses various general defenses under criminal law, including:
1. Unlawful act of child/infancy - Children under 10 are immune from criminal liability in Nepal. Between 10-18, they can claim reduced culpability.
2. Insanity - Several insanity tests have been used over time, including the wild beast test (unable to distinguish right from wrong), McNaughton rules, and Durham/product tests. Current Nepali law considers mental illness as a defense.
3. Intoxication - Voluntary intoxication usually does not excuse criminal liability but may reduce culpability. Involuntary intoxication can be a full defense in some cases.
4. Self-defense,
This document provides definitions and explanations of key concepts related to crimes under the Indian Penal Code, including:
- Crime is defined as any act that violates public law and is punishable by the state. Tort refers to civil wrongs that are redressable through unliquidated damages claims rather than criminal punishment.
- Mens rea requires a guilty mind or criminal intent for an act to constitute a crime.
- The offenses of rioting and affray are explained, with rioting requiring 5 or more persons using force with a common objective, while affray involves 2 or more persons fighting in a public place disturbing the peace.
- Abetment involves instigating, conspiring, or
Gregory Zilch is charged with second-degree murder for shooting and killing Tavaris Mercer. Zilch's attorney analyzed whether self-defense could be claimed based on the facts of the case and Florida's Stand Your Ground law. The attorney concluded that Zilch has a strong chance of acquittal based on precedent that found George Zimmerman not guilty for similar actions claiming self-defense. The attorney believes Zilch can prove by a preponderance of evidence that he acted in self-defense and is therefore immune from prosecution under Stand Your Ground laws. A motion to dismiss will be filed based on these arguments.
This document discusses the legality of police encounters in India. It provides the following key points:
1. While encounters are not directly authorized by law, some provisions can be interpreted as giving police powers to use force, including firearms, to effect arrests of criminals accused of serious crimes.
2. Courts have taken both pro-encounter and anti-encounter stances, recognizing the difficulties police face but also the need to prevent extrajudicial killings.
3. There are concerns that encounters are sometimes used to settle personal scores rather than legitimately in self-defense, violating individuals' right to life under the constitution. Strict guidelines are needed to prevent abuse of encounter policies.
The Indian Penal Code (IPC) is the primary criminal code of India. It was enacted in 1860 and has been amended several times. The IPC defines various crimes and prescribes their punishments, including offenses against the human body, property, public tranquility, and the state. It also lays down general principles of criminal liability, such as intention and knowledge, and specifies the circumstances under which certain actions are deemed to be offenses, such as self-defense or insanity. The IPC is an important tool for maintaining law and order in India and is regularly used by law enforcement and the judicial system to prosecute offenders. indian raw.
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The document discusses defenses to criminal liability under the Indian Penal Code (IPC). It notes that the IPC recognizes defenses in chapter four, classified as justifiable or excusable. Justifiable acts would otherwise be wrongful but are justified by circumstances. Excusable acts involve lacking necessary intent (mens rea) due to issues like unsound mind. It provides examples of defenses like mistake of fact, accident, infancy, insanity, and intoxication. It discusses key cases related to these defenses and distinguishes between legal and medical definitions of insanity as a defense. In summary, the document outlines defenses to criminal liability under the IPC, classifies them as justifiable or excusable, and analyzes sections
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An examination of the right of self defence and others in nigeria
1. Journal of Law, Policy and Globalization www.iiste.org
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol.28, 2014
An Examination of the Right of Self Defence and Others in
Nigeria
ALFRED OLUROPO FILANI
Lecturer in the Department of Public Law, Ekiti State University, Ado-Ekiti, Nigeria.
ABSTRACT
The study examines the scope of the right of self defence and defence of others in criminal trial. The study
establishes that a person is justified in using force to resist any one who intends to commit a felony against him
or any other person in his presence. The study explains the applicable laws in Nigeria to that effect and the
position of the judiciary. For a conduct to be justified, the person must have adopted such force as is necessary to
avert the act if it is absolutely impossible to escape from the attack by retreating.
Recommendations are made on the best approach to be adopted in determining the liability of a person for the
use of excess force in self defence.
Introduction
The right to use force in defence of oneself or another against unjusfiable attack has existed from time
immemorial. The rule as to the right of self defence or right of private defence has been stated by Russell on
Crime thus:1
…a man is justified in resisting by force anyone who
manifestly intends and endeavours by violence or
surprise to commit a known felony against either
his person, habitation or property. In these cases,
he is not obliged to retreat, and may not merely resist
the attack where he stands but may indeed pursue his
adversary until the danger is ended and if in a conflict
between them he happens to kill his attacker such
killing is justifiable.
Self defence or private defence has not been given a statutory definition in Nigeria, but has to be understood in
the common law context of which there are two aspects.
First, a man may in defence of liberty, person or property use such force as is necessary to obtain its
object and which does not cause injury that is disproportionate to the injury sought to be prevented.
Second, a man may use so much force as is necessary in repelling an unlawful attack on his person or liberty, but
may not cause grievous bodily harm or death except in defence of life or limb or permanent liberty2.
Applicable Laws in Nigeria
In Nigeria, the right of defending one’s body or the body of any other person is codified in Section 32 (3) of the
Criminal Code applicable in the southern states of Nigeria3 and section 59 of the Penal Code applicable in the
northern states of Nigeria4.
Section 32(3) of the Criminal Code provides,
Inter alia:
A person is not criminally responsible for an act or
omission if he does or omits to do the act… when the
act is reasonably necessary in order to resist actual
and unlawful violence threatened to him or to another
person in his presence.
Section 59 of the Penal Code5 on the other hand reads as follows:
“Nothing is an offence of which is done in the lawful exercise of the right of private defence”.
1 Russell W.O (1958) Russell on Crime Stevens & Son Ltd 11th Edition, Vol. 1 at page 491
2 Ofori – Amankwah, E.H.(1986) Criminal Law in the Northern States of Nigeria at page 252
3 Laws of the Federation of Nigeria, Cap C 38 2004
4 Laws of the Federation of Nigeria, Cap P3 2004
5 Corresponding to section 96 of the Indian Penal Code
164
2. Journal of Law, Policy and Globalization www.iiste.org
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Vol.28, 2014
Notwithstanding the fact that the law recognises the natural instinct of self preservation, it lays down
certain limitations on the exercise of the right of self defence. This is necessary if society is not to degenerate
into anarchy with everybody taking the law into his hands1. These limitations are contained in sections 286 – 288
of the Nigerian Criminal Code2 and sections 62 – 66 of the Northern Nigerian Penal Code3.
Self Defence
One of the important limitations placed on the exercise of the right of self defence is the requirement that a
person who is unlawfully assaulted use only such force as is reasonably necessary to make effectual defence
against the assault. This is clearly laid down in section 286 of the Nigerian Criminal Code4. The first paragraph
of the section provides that:
When a person is unlawfully assaulted, and has not
provoked the assault, it is lawful for him to use such
force to the assailant and is reasonably necessary to
make effectual defence against the assault, provided
that the force used is not intended and is not such as
is likely to cause death or grievous bodily harm.
What harm or force is reasonably necessary is invariably a question of fact. In a case of brutal assault where a
person’s life is in danger, such force may extend to the causing of death of the assailant. The second paragraph
of section 286 of the Nigerian Criminal Code provides:
If the nature of the assault is such as to cause reasonable
apprehension of death or grievous harm and the person
using force by way of defence believes on reasonable
grounds that he cannot otherwise preserve the person
defended from death or grievous harm, it is lawful for
him to use any such force to the assailant as is necessary
for defence, even though such force may cause death or
grievous harm.
In Akpan V. State5, Adio (Justice, Supreme Court as he then was) in interpreting section 286 of the Nigerian
Criminal Code held as follows:
When a person is unlawfully assaulted, and has not
provoked the assault, it is lawful for him to use such
force on the assailant as is reasonably necessary to
make effectual defence against the assault. The force
which may be used in such circumstances must not be
intended, and should not be such as is likely to cause
death or grievous harm. If the nature of the assault is
such as to cause reasonable apprehension of death or
grievous harm, and the person using force by way of
defence believes on reasonable grounds that he cannot
otherwise preserve the person defended from death or
grievous harm, it is lawful for him to use any such force
to the assailant as is necessary for defence even though
such force may cause death or grievous harm.
The above dictum was cited with approval by the Court of Appeal in Karimu V State1, where the court ruled that
before the defence of self defence can avail an accused or can lawfully be invoked, three fundamental principles
must be established, viz:
1 Chukkol, K.S. (1989) The Laws of Crimes in Nigeria. ABU Press Limited Zaria at P. 100
2 Corresponding to sections 271 – 273 of the Queensland Criminal Code in Australia
3 Corresponding to Sections 96 – 106 of the Indian Penal Code. In England, the right of private defence is not governed
by any statute and as such the right is governed by the common law.
165
4 Section 271, Queensland Criminal Code
5 (1994) 9 N.W.L.R (part 368) at P. 347
3. Journal of Law, Policy and Globalization www.iiste.org
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Vol.28, 2014
a. the defence can only be invoked against a person who is an assailant or an aggressor;
b. the person attacked or assaulted or threatened with violence by the assailant must be in actual fear
or belief of reasonable apprehension of death or grievous harm;
c. the force used to repel the attack by the assailant must be proportionate to the force used in the
166
attack.
Under section 60 of the Penal Code, it is provided that subject to restrictions contained in the code, every person
has a right to defend his own body, and the body of another person against any offence affecting the human
body. One of the restrictions is that “the right of private defence in no case extends
to the infliction of more harm than is necessary to inflict for the purpose of defence”2. Also, under Section 65 of
the Nigerian Penal Code3, private defence may, in certain circumstances, extend to killing where the act being
repelled is one of the following categories:
(a) an attack which causes reasonable apprehension of death or causing grievous hurt; or
(b) rape or assault with intent to gratify unnatural lust, or
(c) abduction or kidnapping
Under the Penal Code of Nigeria, express provisions are made which give an accused person a right to kill in self
defence where the act repelled is either rape, assault with intent to gratify unnatural lust, abduction or
kidnapping. In construing the Nigerian Penal Code provisions on the right of private defence, the Supreme Court
in Kwagshir V State4 held that four cardinal conditions must exist before the taking of the life of a person is
justified on the plea of self defence. These are:
a. the accused must be free from fault in bringing about the encounter;
b. there must be present an impending peril to life or of great bodily harm real or so apparent as
to create honest belief of an existing necessity;
c. there must be no safe or reasonable mode of escape by retreat; and
d. there must have been a necessity for taking life.
In order for conduct to be justified, the accused must only have adopted such force as is necessary to avert the
attack. “Such force as is necessary” involves a consideration of the following issues:
1. The Necessity for any Defense Action
It is quite clear that the person seeking to rely upon the defence must believe his action to be
necessary. If the aggressor is seeking to disguise his status behind a smoke-screen of self defence,
the defence will not apply to him. What is the position if the response is not in fact necessary, but
the defendant genuinely believes he is about to be attacked? Under the Nigerian Criminal Code, the
test of reasonableness of belief is objective. In R V. Onyemaizu5,it was held that the defence is not
open to an abnormally nervous or excitable person who, on being assailed by a comparatively
minor assault, or an assault of any nature which falls short of that which is described in section 286
of the Criminal Code, unreasonably believes that he is in danger of death or grievous harm.
Under the Nigerian and Indian Penal Codes, the test is subjective. It was held in Kwagshir V State6
that one of the cardinal conditions of the plea of self defence laid down by the court is that there
must be present an impending peril, to life or of great bodily harm, either real or so apparent as to
create honest belief of an existing necessity. The subjective approach in determining the necessity
of the accused person’s action is to be preferred because If a court were to rely wholly on the belief
of a “reasonable man” to the exclusion of the accused person’s mistaken and honest belief of the
facts, a lot of questionable decisions would be arrived at where the person who ought not to be
found guilty of murder will be convicted.
2. The Amount of Responsive Force that may be used.
It has long been accepted that the accused may only use such force as is reasonable in the
circumstances. The general rule is that response must be proportionate to the attack. Section 298 of
the Nigerian Criminal Code which codifies the concept of excessive force is somewhat vague. The
section which is in essence a reproduction of section 52 of the Tasmanian Penal Code of Australia
provides:
“any person authorised by law to use force is
1 (1996) 7 N.W.L.R (Part 462) at P. 579
2 Section 62, of the Penal Code
3 Section 100 of the Indian Penal Code
4 (1995) 3 N.W.L.R (Part 386) at P. 651
5 Supra
6 Supra
4. Journal of Law, Policy and Globalization www.iiste.org
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol.28, 2014
criminally responsible for any excess, according
to the nature and quality of the act which constitutes
the excess”
The section does not say what the accused’s liability will be if, by making an error of judgment, he
uses force in excess of what could be reasonably necessary for his defence. The Courts have not
made particular reference to section 298 of the Criminal Code, but it is clear that they have
followed the English common law rule that an excessive use of force would defeat a plea of self
defence. In State V. Emmunu1, the accused shot and killed the deceased whose action, by putting
his hand in his pocket frightened him, the court rejected the plea of self-defence on the ground that
the accused’s action was unwarranted in the circumstances.
The approach adopted under the Nigerian Penal Code is quite different. Under the Penal Code,
killing occasioned by the use of excessive force in private defence is manslaughter only, not
murder.
Section 222 (2) of the Penal Code2 provides:
“…culpable homicide is not punishable with death
if the offender in the exercise (in good faith) of the
right of private defence exceeds the powers given to
him and causes death…”
When it is established that the right of private defence exists, the court usually applies what has
been described as the “golden scale” principle to question whether or not excessive force was used.
In Radhe v Emp3, five persons found cattle trespassing on their land and as they were legally
entitled to do, rounded them up. There and then they were attacked by Z on whom they
successfully inflicted wounds. Their conviction for causing hurt was quashed on appeal when it
was pointed out that Z had been a “very obstinate fellow”, and probably that every blow dealt to Z
was necessary to stop Z. The view was further expressed that once it was found that their right of
defence exists, it is very difficult to expect an accused person to weigh with a golden scale the
maximum force necessary to keep within the right. It is submitted that the Penal Code of Nigeria
approach to the problem of excessive force used in self defence should be followed by the Criminal
Code jurisdiction in Nigeria for where a person truly acts in self defence, it is difficult to see how
he can regulate the force used in such defence.
167
3. The Duty to Retreat
It can be argued that if it is possible to escape from the attack by retreating, then it is unnecessary
and unreasonable to use defensive force. As the bulk of our law is the English Common law, the
concept of retreat has found its way into Nigeria but apparently restricted to cases of provoked
assaults only. Section 287 of the Criminal Code provides in part as follows:
When a person has unlawfully assaulted another
or has provoked an assault from another, and that
other assaults him with such violence as to cause
reasonable apprehension of death of grievous harm,
and to induce him to believe, on reasonable grounds,
that it is necessary for his preservation from death or
grievous harm to use force in self defence, he is not
criminally responsible for using any such force as is
reasonably necessary for such preservation, although
such force may cause death or grievous harm.
This protection does not extend to a case in which
the person using force, which causes death or grievous
harm, first began the assault with intent to kill or to do
grievous harm to some person; nor to a case in which
the person using force which causes death or grievous
harm endeavoured to kill or to do grievous harm to some
1 (1968) NWLR at page 15.
2 Corresponding to Section 300 of the Indian Penal Code
3 (AIR) (1923) AH 357
5. Journal of Law, Policy and Globalization www.iiste.org
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Vol.28, 2014
person before the necessity of so preserving himself
arose, nor in either case, unless, before such necessity
arose, the person using such force declined further
conflict, and quitted it or retreated from it as far as was
practicable.
The English common law used to adopt a strict approach that a “retreat to the wall” was required
before extreme force could be justified. Under the Nigerian Penal Code, there is no requirement for
retreat.
168
4. The Imminence of the Attack
It has been stated that restricting rights of self defence to pure defensive retaliation could
effectively condemn some innocent persons to death or other injury. In certain limited
circumstances, the law must permit the right to strike first. Lord Griffiths said in R Vs Beckford that
“a man about to be attacked does not have to wait for his assailant to strike the first blow or fire the
first shot, circumstances may justify a pre-emptive strike”1. The problem however is in defining the
parameters of such a right. Allowing too much anticipatory defensive action could become a
charter for vigilantism. The Criminal Code and Penal Code do not contain any similar provisions.
However, section 102 of the Indian Penal Code provides that:
The right of private defence of the body commences
as soon as a reasonable apprehension of danger to
the body arises from an attempt or threat to commit
the offence although the offence may not have been
committed and it continues as long as such apprehension
of danger to the body continues.
Under section 63 of the Nigerian Penal Code, there is no right of private defence where the assaulted can have
recourse to the protection of public authorities. Whether or not a victim of an unprovoked assault has a
reasonable time to have recourse to public authorities as required by this section is a question of fact. It must be
observed that this section of the Penal Code is more likely to be complied with in the breach as the public
authorities are in no position to guarantee the safety of the citizenry of this country.
The English Common law along with the Nigerian Criminal Code do not have similar provisions.
Another limitation placed on the exercise of the right of private defence is the exclusion of the right in cases
where a person suffers what could have been ordinarily an assault but considered lawful if done by some public
servants in the exercise of their lawful duties2. Even though the Criminal Code does not contain this limitation, it
is submitted that the same principle would apply.
Defence of Others
Under the common law of England, the courts have equated the defence of others with the prevention of crimes.
In R V Duffy3, it was held that a woman would be justified in using reasonable force when it was necessary to do
so in defence of her sister, not because they were sisters, but because “there is a general liberty as between
strangers to prevent a felony”. The principles applicable are the same whether the defence be put on the grounds
of self defence or on the grounds of prevention of crime. The degree of force permissible should not differ for
example, in the case of a master defending his servant from the case of a brother defending his sister or, indeed,
that of a complete stranger coming to the defence of another under unlawful attack.
Under Section 288 of the Nigerian Criminal Code, whenever it is lawful for any person to use force in
any degree for the purpose of defending himself against an assault, it is lawful for any other person acting in
good faith in his aid to use a like degree of force for the purpose of defending such first-mentioned person. In
State V. Agbo4, the court held that this defence availed the accused who, having observed the deceased inflict a
fatal accident matchet cut on one of the accused person’s son’s and cut the other on the knee with the matchet,
snatched the matchet from the deceased and killed him.
1 (1988) IAC 130 at page 144
2 See Section 64 of the Nigerian Penal Code.
3 (1966) 1 All ER, P. 62
4 (1963) 3 E.C.S.L.R at P. 4
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Under Section 60 (a) of the Nigerian Penal Code, every person has a right to defend his own body, and
the body of any other person against any offence affecting the human body.
The Burden of Proof
On the issue of burden of proof, the accused will normally raise the issue of self defence where it is relevant but
the burden of proof remains throughout on the prosecution and it is not at any time on the accused for him to
establish that defence if the court is left in doubt as to whether the accused was acting in self defence, he should
be acquitted. In Baridam V State1, the Supreme Court held that:
The onus is always on the prosecution to disprove the
accused’s defence of self defence and not on the accused
to establish his plea. Thus, the defence of self defence will
only fail where the prosecution shows beyond reasonable
doubt that what the accused did was not done by way of self
defence.
Conclusion
In conclusion, it must be said that where the right of private or self defence does not avail an accused, the same
facts upon which the plea was raised may support the defence of provocation. It is necessary to bear this in mind
because a successful plea of self defence would result in an acquittal, an unsuccessful plea would result in a
conviction for murder. If the defence of provocation is relied upon in the alternative and accepted, a conviction
for manslaughter may be entered against the accused.
As observed earlier, the test of whether the accused’s action was necessary under the Criminal Code is
objective. It is suggested that the test be a subjective one whereby the honest belief of the accused should be the
criteria for deciding whether the accused’s action was necessary in the circumstances. This would ameliorate the
harsh provisions of the law as applied to the accused.
With regard to the issue of excessive force under the Nigerian Criminal Code, it is suggested that the
court in deciding cases should make use of the provision of section 298 of the Criminal Code in determining
whether or not to convict defendants who have used excessive force in self defence for murder or manslaughter.
The current attitude of slavishly adopting common law decisions on this point does not augur well for the
development, proper interpretation and implementation of our statutory laws. It is quite certain that if section 298
of the Criminal Code is relied upon in determining the liability of an accused for the use of excess force in self
defence, the courts would be able to avoid the rigid stance of the common law concerning this issue.
169
1 (1994) 1 NWLR (Part 32) at page 250
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