- This topic has 16 replies, 7 voices, and was last updated 1 year, 2 months ago by
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SSo what happened- we were at a school camp. They were making fun of shy kids. I supported the shy kids and then they started to say the name of my mother and cursing me. I cursed back. One guy tried to intimidate me by removing his shirt. I said i don’t want any violence. I was surrounded they said to fight 1v1. I knew wrestling a bit so i threw him. He cried. Thankfully didn’t break anything.
I got scared what if something happened to him
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SNovember.. i just got curious what if it happens again.. i’m going to college this year so no idea what type of people i’ll find
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DWell it’s april now, safe to say if they haven’t come back or complained even once then you’re probably safe. If they wanted to press criminal charges they would’ve gone to police straightafter, no action till now only strengthens the argument that they don’t care or are scared of further repercussions of messing with a wrestler.
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DBNS section 34
Nothing is an offence which is done in the exercise of the right of private defence.
Section 35
Every person has a right, subject to the restrictions contained in section 37, to defend:
his own body, and the body of any other person, against any offence affecting the human body;
the property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.
BNS section 36
When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the mental illness or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.
BNS SECTION 37
Acts against which there is no right of private defence.DescriptionIPC Section 99
There is no right of private defence,
against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act, may not be strictly justifiable by law;
against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law;
in cases in which there is time to have recourse to the protection of the public authorities.
The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence.
Read through BNS sections 34-44
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SSo what if i am surrounded — and i have to strike first.. a guy dies or breaks his arm
What will happen in both situations
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LThat is also covered. If you’re surrounded then we can establish that their intent was to hurt you, which will be enough reason for you to act in self defence. Ab bhai tujhe gher ke khade hain to chup chaap to rahenge nahi, they’ll obviously say that they’re going to attack you.
But you’re a minor so try to avoid such confrontation. Best advice for people in India: Don’t be a hero. Even if you’re innocent you’ll still suffer thanks for the laggy judiciary which will take months to just hear your case, itne me police ghoos leke tujhe andar daal de to kya hi kar loge? Time to tumhara hi waste hoga.
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DVery well covered actually.
Section. 44 Right of private defence against deadly assault when there is risk of harm to innocent person. Previously, IPC Section 106
If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk.
Illustration: A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children.
Read more at: https://devgan.in/bns/section/44/
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DI have heard of cases where people with licensed fire arms had shot and killed one of the members of the burglars that that attacked their house and still weren’t able to invoke self defence sections of then IPC.
The interpretation of the law and application to the context is really vague in our system.
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