This article has been written by Ms.Devika More,a 2nd year LLB Student from D.E.S.’S Shri Navalmal Firodia Law College, Pune.
Self-defence is a fundamental right to protect an individual from imminent harm or danger. It includes various techniques and strategies to neutralise or evade potential threats. The concept of self-defence has existed throughout history and has evolved in response to changing social norms and legal frameworks. This article reviews the principles and legal aspects of self-defence, explores different self-defence strategies and techniques, and emphasises the importance of proper training and understanding of one’s rights and responsibilities in threatening situations.
Definition of self defence.
Self-defence can be defined as any lawful act by a person to protect himself or others from imminent harm or danger. It depends on the appropriate use of force in response to the threat. An important element of self-defence is having a true and reasonable belief that the use of force is necessary to prevent harm. This assumption is subjective and depends on the circumstances perceived by the defence attorney at the time of the incident.
Legal framework :
Self-defence laws may vary from country to country, but most legal systems recognize the right to self-defence. However, specific standards and requirements for self-defence may vary. In general, the following elements must be met for self-defence to be considered lawful:
imminence:
The threat is imminent or must be imminent. In other words, there is a high possibility that damage will occur if no countermeasures are taken.
Proportionality:
The force used for self-defence must be proportionate to the threat. Defenders should aim to neutralise threats without causing unnecessary damage.
Reasonable Belief:
Defenders must have a good faith and reasonable belief that the use of force is necessary to protect themselves or others.
Evasion and retreat:
In some jurisdictions, counsel is required to use all reasonable means to avoid or avoid threats before resorting to self-defence.
III. Self-defence strategies and techniques:
Self-defence strategies include a wide range of approaches that enable individuals to protect themselves effectively. These strategies can be classified as verbal techniques, non-lethal techniques, and lethal techniques. It’s important to note that resorting to lethal force is always the last option when all other defences have been exhausted.
Oral technique:
Verbal de-escalation is an important part of self-defence. Effective communication skills can help defuse potentially violent situations and enable individuals to resolve conflicts without resorting to physical violence.
Non-Lethal Techniques:
Non-lethal self-defence aims to neutralise threats while minimising damage. These techniques include pepper spray, stun guns, tasers, and personal alarms.
Martial arts and physical techniques:
Martial arts and physical techniques cover a wide range of disciplines such as Krav Maga, Brazilian Jiu-Jitsu and Karate. These techniques emphasise the use of physical force in self-defence while emphasising control and minimising damage to both defenders and attackers.
Lethal force:
Lethal force is considered a last resort in self-defence scenarios when there is an imminent threat to life or serious bodily harm. The use of firearms for self-defence falls into this category. However, it is important to understand and comply with the legal requirements and regulations governing the possession and use of firearms in your country.
Importance of training and preparation:
Understanding the legal aspects and having self-defence knowledge is important, but proper training is essential to being able to respond effectively to threatening situations. Training provides individuals with the skills, confidence, and situational awareness needed to accurately assess potential threats and respond appropriately.
Attending self-defence classes and martial arts training can help you develop your physical skills and improve your overall fitness and coordination. Additionally, these courses often focus on teaching conflict resolution, de-escalation strategies, and decision-making under stress.
Sections 96 to 106 of the Indian Penal Code of 1860 enumerate the laws relating to personal and bodily self-defence.
These sections explain what rights a person has to respond when an aggressor attacks a person with intent to cause bodily or property harm.
IPC Section 96 (Performed in Self Defense of Person or Property) – Any action taken in self defence is not a criminal offence. However, there are certain circumstances in which you have the right to kill a person in self-defence, as described in Article 100 of the IPC.
IPC Section 97 (Right to Private Defense of Body and Property) – This section explains that everyone has the right to take action to protect themselves and their property.
However, you do not have the right to defend yourself in certain situations.
- a) Actions that do not result in death,
- b) Actions that do not cause serious injury, or
- c) Actions committed by another person – a compulsory official acting under the rules of duty.