Private Defence
Private Defence legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Plea of private defence could be raised in appeal if spelt out from the prosecution evidence though not specifically taken at trial.
S. 300, .Exception II-Private defence-Injuries suffered by accused not being result of attack by other party, other party presumably unarmed-Accused in circumstances, held, could not be said to have acted in good faith or without intending causing more harm than necessary for purpose of his defence so as to bring his case within Exception 11 to S. 300, Penal Code, 1860.- (Private defence, right of)
Accused, held, entitled to benefit of self-defence-Penal Code (XLV of 1860), Ss. 96, 100 & 302-Evidence Act (I of 1872), S. 105.
Private Defence -Right, substantiated from circumstances disclosed in prosecution evidence-Accused to be given benefit of right though accused's own statement was not in consonance with probability of existence of such right-Accused killing deceased with hatchet in answer to deceased's abuse and two lathi blows-Given benefit of right-Penal Code (XLV of 1860), S. 100
Right of-Negatived where accused delivered a "sustained" attack while attack on them was short-lived Penal Code (XLV of 1860), S. 100.
Private Defence -Right of-Brick-bat thrown at Tazia procession by someone from congregation of Sunnis gathered in a mosque-Right of private defence whether and when accrues against every member of such congregation-Penal Code (XLV of 1860), Ss. 96, 97 & 100.
Private Defence -Right of-Accused judge of his own danger-Penal Code (XLV of 1860), S. 100.
Right of-Question whether right was properly exercised-Duty of Court explained-Penal Code (XLV of 1860), Ss. 100 & 103.
Exceeding right of-Heat and excitement of moment-Whether accused can be expected to judge nature of every injury caused in self-defence.
"Private Defence", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/15162
Precedents & Case Laws citing "Private Defence"
P L D 1955 Lahore 575
SULTAN MUHAMMAD and 2 others‑Convicts‑ — Appellants Versus THE CROWN‑ — Respondent
Court:P
ATA MUHAMMAD‑Convict‑Appellant Versus CROWN‑Respondent
Court:2018 Y L R 212
ZAHID ALI — Petitioner Versus The STATE — Respondent
Court: Peshawar1978 S C M R 231
MITHO-Petitioner Versus THE STATE-Respondent
Court: -- Ss. 497 & 498-Bail-Petitioner's side in circumstances of case prima facie appearing to have had a right of private defence--Question whether petitioner exceeded such right requiring further inquiry-Bail allowed in circumstances.-Private defence, right of.1988 S C M R 662
MUHAMMAD RAMZAN‑‑Appellant Versus THE STATE‑‑Respondent
Court: ‑‑‑S.304, Part II‑‑Constitution of Pakistan (1973), Art.185(3)‑‑Right of private defence‑‑Deceased grappled with accused without justification and became a party to illegal arrest and wrongful confinement of accused in furtherance of common intention with eye‑witnesses whereas accused could not have recourse to any other lawful authority for his release and felt genuine apprehension regarding safety of his person‑‑Accused, in act of self‑defence gave a fist blow to deceased which per chance caused his death‑‑Accused, held, was entitled to acquittal due to exercise of right of private defence.‑‑Private defence, right of.P L D 1970 Supreme Court 212
SARDARAI AND ANOTHER‑Appellants Versus THE STATE‑Respondent
Court:1968 P Cr
ALI MUHAMMAD‑Appellant Versus THE STATE‑Respondent
Court: KarachiP L D 1983 Supreme Court 225
MUHAMMAD YOUSAF AND others -Appellants Versus THE STATE-Respondent
Court: --- Art. 185(3) read with Penal Code (XLV of 1860), Ss. 302 & 99-Murder-Private defence-Right of-Leave to appeal-Granted to examine whether in circumstances of case right of self-defence of person was not available to accused.-Private defence, right of.P L D 1960 (W
MUHAMMAD ISHAQ‑Convict‑Appellant Versus THE STATE‑Respondent
Court:1971 P Cr
SHER ALI‑Appellant Versus THE STATE‑Respondent
Court: Karachi