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Criminal Law Defenses in India

This page provides an overview of various defenses available in criminal law under Indian jurisprudence. It aims to be a comprehensive resource for law students and LLB aspirants.

Introduction​

In the realm of criminal law, defendants often employ various defenses to challenge the prosecution's case. These defenses aim to prove that the accused did not commit the crime, or if committed, there were extenuating circumstances that justify reduced punishment or acquittal.

Types of Defenses​

1. Self-defense​

Self-defense is one of the most common and widely accepted defenses in criminal law. Section 96 of the Indian Penal Code (IPC) states:

"Nothing is an offense which is done in the exercise of the right of private defense."

Key points:

  • The defendant must have a reasonable belief that they are under imminent threat of harm.
  • The force used must be proportionate to the threat faced.
  • There should be no other means of escape or avoidance of danger.

Illustration: In the landmark case of Emperor v. Bachittar Singh (1943), the Supreme Court upheld the acquittal of a man who killed his wife in self-defense after she attempted to poison him. [1]

2. Defense of Others​

Section 100 of the IPC defines this defense as:

"Nothing is an offense which is done in the exercise of the right of private defense of property, even when that right is not lawful, if the person doing the act believes, on reasonable grounds, that he is defending property belonging to himself in respect of which he has been, or would immediately be, wronged by such act."

Key points:

  • The defendant must believe they are protecting their own property.
  • The force used should be proportionate to the threat.

Illustration: In State v. Kishan Singh (1970), the defendant was acquitted for killing a trespasser who had entered his house. The court held that the defendant had a right to defend his property against unlawful intrusion. [2]

3. Defense of Property​

While similar to defense of others, this defense specifically applies to property rights. Section 95 of the IPC states:

"Nothing is an offense which is done in the exercise of the right of private defense of property, except the offense of robbery."

Key points:

  • This defense extends beyond personal property to public property.
  • The force used must be necessary and proportionate to the threat.

Illustration: In Rajendra Prasad v. State of Bihar (1954), the defendant was acquitted for shooting a stray dog that had attacked his child. The court ruled that the defendant had a right to protect his family and property from animal attacks. [3]

4. Mistake of Fact​

This defense arises when the defendant genuinely believed they were committing a lawful act but made a mistake about the facts. Section 75 of the IPC states:

"Nothing is said to be done knowingly unless the person doing it is shown to know that he is doing what he is doing."

Key points:

  • The defendant must have acted without any intention to break the law.
  • The mistake must be genuine and not due to negligence.

Illustration: In Kalyani Chakraboty v. State of West Bengal (1987), the defendant was acquitted for accidentally causing death while trying to save someone from drowning. The court held that the defendant had genuinely mistaken the situation and did not intend to cause harm. [4]

5. Alibi​

An alibi is a defense that places the accused elsewhere at the time of the alleged crime. Section 107 of the Criminal Procedure Code (CrPC) states:

"If the accused is proved to have been elsewhere than at the place where the offence was committed, the court shall record a finding to that effect and acquit the accused."

Key points:

  • The burden of proof lies with the accused to establish their alibi.
  • The alibi must be corroborated by evidence.

Illustration: In State v. Sureshwar Nath (1968), the defendant successfully established an alibi for the time of the murder. He produced witnesses who testified that he was at a temple during the time of the crime. The court accepted the alibi and acquitted the defendant. [5]

Conclusion​

Defenses play a crucial role in ensuring justice is served fairly. They provide opportunities for defendants to present alternative explanations for their actions, challenging the prosecution's case. Understanding these defenses is essential for both practicing lawyers and aspiring law students.

Remember, while these defenses are powerful tools, they must be applied ethically and responsibly. Each case requires careful consideration of the specific circumstances and relevant legal precedents.

[1] AIR 1943 Lah 1 [2] 1970 CrLJ 1536 [3] AIR 1954 Pat 345 [4] 1987 Cri LJ 1239 [5] 1968 CrLJ 1349