Community › Forums › Legal Advice India › Can anyone or someone get arrested for using self defence?
- This topic has 5 replies, 6 voices, and was last updated 1 year, 3 months ago by
Rupalifox225.
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AAdvikbear146
PARTICIPANT
March 18, 2025 at 6:33 pmSuppose if a guy/girl is going home from office/college and suddenly someone (mostly a guy) teases him/her and then a guy/girl uses self defence to attack him, then will the police arrest him/her for using defence? -
RRupalifox225
PARTICIPANT
March 18, 2025 at 6:39 pmNALBut retaliating with fist against teasing is not self-defence.
If you’re annoyed by it – registering an eve teasing case is your best bet
I maybe wrong so take my opinion with a grain of salt
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HHappyshark11
PARTICIPANT
March 18, 2025 at 7:00 pmSelf-defence is one of the general exceptions in Indian criminal law and provides immunity from criminal liability. However, the burden of proving that you acted in self-defence rests on you. If a complaint is filed against you, you may be arrested (depending on the circumstances) and would need to establish that your actions were justified.Self-defence is subject to several conditions. There must be an imminent threat, and the force used must be proportionate to the danger faced. For example, you cannot stab someone for merely slapping you and claim self-defence. Additionally, the right to self-defence can only be exercised when the threat is ongoing and unavoidable. If there was a reasonable opportunity to seek protection from authorities, self-defence may not be a valid defence.
In extreme situations, self-defence can extend to the extent of causing death, but only when the attack poses a serious and immediate danger to life or causes a reasonable fear of grievous harm. This includes situations where a person is facing a fatal assault, a threat of severe bodily injury, or an attack involving serious crimes such as rape or sexual assault, kidnapping, or unlawful confinement where there is threat of death.
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UUrbanmaster6633
PARTICIPANT
March 18, 2025 at 8:25 pmI am not sure but I think you can file a harassment case and won’t have to punch someone. -
PParagking331
PARTICIPANT
March 18, 2025 at 8:54 pmIt’s usually difficult to prove that it was self defence, especially if you beat up someone with no prior record, or injure them more than necessary for defense, it usually doesn’t work in your favour.So beat them up & run, don’t get involved in the legalities.
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LLavanyabro181
PARTICIPANT
March 19, 2025 at 5:31 amSelf defence is ok as long as it’s proportional to what the other person did.
Eg. If someone is teasing, verbally abusing or slaps you, you cannot stab him to death and call self defence.If the other person is armed with intent to kill then you can retaliate with the same intent or if a robber enters your house with a knife, then you can kill him and call self defence. So the key is the reaction must be proportional to the action.
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