Principle Everyone has the right of private defence to defend his body and property by use of reason...........

Indian Penal Code (IPC) 1860 Others

Principle: Everyone has the right of private defence to defend his body and property by use of reasonable force unless that person had time to have recourse to protection of public authorities.

Facts:X receives information at 5.00 pm that Y along with few friends is planning to burn his crop at midnight which is ready to be harvested. He does not inform the village Police Station which was just one kilometer away. He gathers his family members and directs them to collect some weapons in the form of swords and lathis to protect his field/crop. At around 11.00 pm Y and his aides attack the crop and a severe fight ensues wherein Y is seriously injured.

X is not liable as he was exercising his right of private defence

X and his family are not liable for the injuries caused as they were exercising the right of private defence

X is liable

X and his family is liable as they have not informed the police

Explanation:

X and his family had sufficient time to inform the public authorities, which they did not. Hence they are liable, as private defence is not an exemption when the parties had sufficient time to take recourse of the public authorities. X and his family is liable as they have not informed the police.