Historical Judgement on Right of Private Defence


Below is the judgement copy on a case in which a girl hardly 19 years of age, stabbed her father thrice on his stomach, in-order to protect her modesty and life when the deceased exhibiting animal behavior violently attempted to rape her and kill her at knife point.

Hon. Justice S. Nagamuthu gave a historical judgement quoting the Right of Private Defence and refers to section 100 of IPC. He also says few words about the investigating officer and his investigation methods which is quite important to read in this judgement.

He quotes in point no. 13 – In the case on hand, what was attempted to be done to the petitioner was an unbearable and intolerable violence. Thus the petitioner was justified in killing her father or otherwise, she would have fallen victim of rape or in the effort she would have lost her life. In this view of the above, I am inclined to quash the proceedings.

Full judgement attached.


Thanks to Hon. Justice S. Nagamuthu to have given such a fair judgement.

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