“In that event he can go the extent of causing the latter’s death in the exercise of the right of private (self) defence even though the latter may not have inflicted any blow or injury on him,” a bench of Justices Dalveer Bhandari and H S Bedi observed.
The problem is not with the law of the land, it lies elsewhere. Why does it take 30 years for the courts to acquit a man who had killed another in self-defence? The answer include the following:
1.The police is interested in statistics and consequently, presses for prosecution even when the evidence clearly shows that the Act was in self defence.
2. The lower court, in this case the Sessions, is indifferent to the TRUTH and routinely, when there is a case of death, leans on the side of CONVICTING instead of the TRUTH.
3. The local police is interested in the Law & Order problem that might erupt in that area, which might create DISORDER. So the police prefers INJUSTICE to DISORDER.
4. During the TRIAL of the case, it is very difficult to establish if the DEATH occurred due to SELF-DEFENCE or is it merely a plea set up, to evade the consequences.
5. Before a matter comes up to the Supreme Court, there is considerable systemic delays which start from the Sessions court, appeal to the High Court, Revision, Review & writs in the meanwhile.
6. When a person has been acquitted on grounds of self-defence the Society does not feel compunction for having kept him tied to the courts for ONE GENERATION! It views it as POETIC JUSTICE, meted out to the Accused for some crime committed in the past or in the PREVIOUS BIRTH.
7. WE AS INDIVIDUALS COMPRISING THE SOCIETY, DO NOT FEEL OBLIGED TO TAKE THE SIDE OF THE SURVIVOR WHO WAS COURAGEOUS ENOUGH TO TAKE HIS RIGHTS SERIOUSLY
THE PROVISIONS OF THE RELEVANT SECTION OF THE INDIAN PENAL CODE IS REPRODUCED HERE BELOW:-
Section 100. When the right of private defence of the body extends to causing death