murder punishable under Section 302 of the Indian Penal Code, 1860 2. By
the impugned order, the Division Bench has upheld ... private defence, then such a plea can be considered. Section 97 IPC states that every
person has a right
exercise of the
right of private defence.
31. Section 97 IPC provides that a right of private defence extends ... Section 300 Indian Penal Code. The conviction of
the appellant-accused under Section 302 Indian Penal Code is
therefore
separately. Mr. Banerjee has placed reliance on Sec. 35 and Sec. 77 of the
Indian Evidence Act.
Section 35 refers ... Allowable as judicial proof; worthy of being admitted or received.),
Section 97 IPC (45 of 1860); capable of being allowed
.447, 354, 341, 324, 506
r/w 34 of Indian Penal Code (for short " I.P.C ".)
2. The case ... same, it is necessary to extract the
fascicle of Sections. 97 and 99 of I.P.C.
Section 97 . Right of Private defence
cross-version, the FIR is presented under
Sections 307 , 148 , 149 IPC and 25 of the Arms ... acted in self-defence and is entitled to protection
under Section 97 IPC.
Counsel for the petitioner has also argued
stated that right of the private defence as contemplated under Section 97 / 103 IPC is available to the accused side ... under Section 161 Cr.P.C.
36. Learned counsel has further stated that the charge-sheet under Sections 188 and 143 IPC
obscenity, it would be
punishable under law ( Section 294 , Indian Penal Code and in addition, Section ... offence under Section 8 (2) is somewhat different from the
offence that is stipulated in Section 294 IPC
proceeding under Section 145 Cr.P.C. dated 11.07.1980 by which the proceeding under Section 145 Cr.P.C. initiated on the application ... this count, this incident took place.
Section 97 of Indian Penal Code deals with the right of private defence of body
read with Section 34 of
The Indian Penal Code (hereinafter referred to as
the ' IPC ... right of private defence to
protect his property under Section 97 of IPC. It is
his further submission that
this Court
considers it to be necessary to quote the Section 97 of IPC, which lays down
right of private ... right of private defence beyond
reasonable doubt.
(ix) The Indian Penal Code confers the right of private defence only when that unlawful
