The right of private defence against the property shall be practised against the offences of burglary, theft, robbery, mischief or criminal trespass if the individual is under threat or a dread of suffering from grievous hurt or death. In the following article we shall discuss the right to private defence or as commonly called self defence in case a trespass has entered your property and the provisions related to the same. To have a better understanding of the legal provisions involved, it is advised to seek professional advice from an experienced Criminal Lawyer Delhi.
Rights of private defence of property-
Possession of Property-
In case the trespasser has the possession of the property and the owner of the property has knowledge of this fact, then the right to private defence cannot be exercised.
While if the trespasser has no possession over the property, then the owner can exercise the right to private defence.
Right of private defence of trespasser-
The moment the owner or the proprietor has the trespasser confiscated, the owner cannot exercise the right to private defence afterwards and harm the trespasser. There are some situations where the trespasser could also exercise his right to private defence.
In case the individual has the legal ownership of the property and the proprietor attempts to seize him out of the property, he has an option to practice self defence.
Private defence and causing death-
The right to private defence against the property cannot cause the demise of an individual, unless in the following conditions-
Robbery-
As provided under Section 390 of the IPC, theft shall be robbed if while committing theft-
Death, hurt, unjust restriction or wrongful confinement is caused.
The wrongdoer endeavours to cause death, hurt or unjust restriction.
There is dread of death, hurt or unjust limitation
The wrongdoer endeavours to cause dread of death, hurt or wrongful confinement.
House- breaking at night
As provided under Section 446 of the IPC, if an individual commits housebreaking at night, the other person has the privilege to exercise the right to private defence causing death of the trespasser.
Mischief by fire
As provided under Section 436 of the IPC, if an individual tries to cause unfair harm to someone’s property, on the off chance that such mischief by setting fire to someone’s property such as tent, structure or vessel used as a human dwelling, provides the defender the privilege to cause the death of that individual as private defence.
In the Case of Kanchan v State, it was decided that the mischief was committed by the accused and his friends on the property of accused, the right to private defence against the property cannot be exercised. There shall be a sensible threat or dread of death or grievous hurt could be caused if not defended.
All in all as could be understood by the above discussion, although the right to private defence could be extended up to causing death or grievous hurt to the assailant, however, it is necessary to understand that these are exceptional situations and this privilege cannot be exercised for more than what is vitally or necessary.
Conclusion
Right of Private Defence is a weapon in the owner of the property to guard himself. The privilege is to protect himself and not to seek vengeance. If an individual abuses this right, he shall be treated with the same charges, as if he did not act in self defence and caused a crime nonetheless.
In case you are facing a similar situation and need legal assistance to understand the law of private defence, it is advised to contact a Criminal Lawyer In Delhi. Also, in case, you have been falsely charged in the case of trespassing, when you had the right to enter the property, it is better to under the law and seek proper legal assistance to represent yourself in the court of law, you shall seek legal opinion from an experienced Criminal Lawyer In Ghaziabad. Lead India offers you a team of experienced criminal lawyers who have been dealing with similar cases for many years and could provide you with proper legal guidance.
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