- This topic has 22 replies, 17 voices, and was last updated 1 year, 2 months ago by
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M2 conditions have to be satisfied to exercise self defence:
1. Recourse to authority should not be available
2. It’s to protect life, property or bodily Integrity of a womanAdditionally, the force used should be proportional to the threat faced and the other person should not be exercising their own right to private defence.
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LAs per law, reaction must be proportional to action.
So , if someone attacks you with knife/gun it shows intent to kill and you can do the same.But if someone slaps you, you can’t kill that person.
Sometimes one can beat you to death but the burden of proof is on you to prove the attack was with deadly intent.
Also it’s in your favour if the incident happens at your house rather than the attackers house.
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MSimilarly, can someone explain the implications of using pepper spray for self defence as a woman? In case of stalking/harrassment?
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SThere’s no law as far as I know but various high courts have observed that pepper spray is dangerous chemical weapon to life and hence can’t be used unless your life is under threat. So basically, unless you have proof that someone wants to kill you, there is a chance that you will be convicted, if you use the pepper spray on a stalker or harraser. Judge will ask you why you didn’t go to police despite knowing the ground reality.
Though I am sure no Indian judge will convict a sexual assault victim for using pepper spray, can’t say what milords’ judgement will be in case of someone using it on a “potential” assaulter. In most extreme cases it can even like Netherlands where if you scratch your potential rapist with your nails to fight with him off or slap him, you will be prosecuted for attacking someone. Can’t say with Indian Judges.
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