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Supreme Court Of India

B A Chudasama V. State Of Gujarat

Criminal Appeal No. 567 Of 1997. 04-11-1997

JUDGMENT

N.K. Mukherjee, J.

1. No doubt, right of private defence would commence when a reasonable apprehension of danger to property commences and such right can extend to the killing of another person even if there was only an attempt to commit any of the offences mentioned in the section. The right subsumed in the section is an expansion of the basic right of private defence founded in Sec. 97. When the two sections are telscoped with each other the right of private defence can be stretched up to the extent of killing another person in defending the property of not only his own but even of another person. Such right would be available to a public servant if the property sought to be protected is public property. But there is a condition for claiming such an extended right if the property sought to be protected is a building. It should be a building used for human dwelling or for custody of property. If it is not a building of that type the person exercising right of private defence cannot go to the farthest extent of killing another person unless the threatened mischief has caused a reasonable apprehension that death or grievous hurt would otherwise be the consequence.

(For full judgment see 1998(1) RCR (Crl.) 573.)

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