The murder remains the heinous criminal
crime and in any way the justice does not support the murderer. However, every
law has an exception. The murder can be forgiven only when there is a condition
of self-defence.
Self-defence means of defending oneself
from physical attack.
The court has extended the meaning of
self defence after giving a verdict in March 2019.
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| Death Penalty |
Not only the court acquits him but also
mentioned that the right to self defence extends not only to one’s own body but
to protect the person and property of others. The provision of the right to
private defence is enumerated in Sections 96 to 106 of the IPC – Indian Penal Code.
What is the right to self-defence?
The right of self-defence is the right
for people to use reasonable force or defensive force, for the purpose
of defending one's own life or the lives of others, including –in certain
circumstances– the use of deadly force.
The Case in detail- Sukumaran Case
The trial court sentenced ranger Sukumaran to life
in prison for murder. The Madras High Court reduced the term to five years.
In appeal, the apex court concluded that
Sukumaran had shot the “smuggler” Basha under threat to his own life and that
of his driver, Chinnakolandai.
In its verdict delivered on March 7, 2019, a Bench
of Justices A.M. Sapre and R. Subhash Reddy mentioned about the right to
private defence, enumerated in Sections 96 to 106 of the IPC, while acquitting
a Tamil Nadu forest ranger.
The prosecution version was that Sukumaran shot
Basha in the back. The ranger and his driver were in a jeep in the early hours,
doing the rounds of the forest, when they saw a truck. They gave chase.
The truck stopped and four men, including Basha,
got out. Sukumaran took out his gun and fired at Basha, killing him. Sukumaran
then planted a gun in the truck and loaded it with 276 kg of sandalwood to
frame Basha as a smuggler, the prosecution said.
But the apex court completely disbelieved the
prosecution version and rather went with what Sukumaran said. The latter said
Basha and his companions first pelted stones at their jeep, following which
they pulled out a gun on the ranger.
Sukumaran was quick to draw and shoot Basha in
self-defence. A complaint was promptly filed and two companions of Basha were
brought to the police station.
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The Supreme Court concluded that there was no
reason for Basha and his companions to “roam” the forest area in the wee hours.
Sandalwood was an expensive commodity.
Sukumaran was only trying to protect his life and that of his driver. He was
doing his duty. Besides, four of the prosecution witnesses turned hostile and
the testimonies of the rest has no connection to the manner in which the
incident occurred in 1988.
“The prosecution was not able to prove the manner
in which the incident occurred as alleged by them in their charge sheet. In
this view of the matter, the appellant [Sukumaran] is entitled to be acquitted
from the charges for want of any evidence against him,” Justice Sapre wrote.
When does the right to private defence
extend?
The court observed that the right of private
defence extends not only to the defence of one’s own body against any offence
affecting the human body but also to defend the body of any other person.
The right also embraces the protection of property,
whether one’s own or another person’s, against certain specified offences,
namely, theft, robbery, mischief and criminal trespass.
When does the right not extend? –
Exceptions to the right to self defence
According to the court, the right does not arise if
there is time to have recourse to the protection of the public authorities. Nor
does it extend to the infliction of more harm than is necessary.
When death is caused, the person exercising the
right of self-defence must be under “reasonable apprehension of death, or
grievous hurt, to himself or to those whom he is protecting”, the court
explained.
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