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Legal defense - irresistible impulse
2 years ago
Why irresistible impulse is not used as a legal defense in india
A.Dear Sir,
IPC Section 96. Things done in private defence:
Nothing is an offence, which is done in the exercise of the right of private defence.
Right of private defence cannot be said to be an offence in return. The right of self-defence under Section 96 is not absolute but is clearly qualified by Section 99 which says that the right in no case extends to the inflicting of more harm than it is necessary for the purpose of defence. It is well settled that in a free fight, no right of private defence is available to either party and each individual is responsible for his own acts. While it is true that law does not expect from the person, whose life is placed in danger, to weigh, with nice precision, the extent and the degrees of the force which he employs in his defence, it also does not countenance that the person claiming such a right should resort to force which is out of all proportion to the injuries received or threatened and far in excess of the requirement of the case. The onus of proving the right of private defence is upon the person who wants to plead it. But an accused may be acquitted on the plea of the right of private defence even though he has not specifically pleaded it.
IPC Section 96. Things done in private defence:
Nothing is an offence, which is done in the exercise of the right of private defence.
Right of private defence cannot be said to be an offence in return. The right of self-defence under Section 96 is not absolute but is clearly qualified by Section 99 which says that the right in no case extends to the inflicting of more harm than it is necessary for the purpose of defence. It is well settled that in a free fight, no right of private defence is available to either party and each individual is responsible for his own acts. While it is true that law does not expect from the person, whose life is placed in danger, to weigh, with nice precision, the extent and the degrees of the force which he employs in his defence, it also does not countenance that the person claiming such a right should resort to force which is out of all proportion to the injuries received or threatened and far in excess of the requirement of the case. The onus of proving the right of private defence is upon the person who wants to plead it. But an accused may be acquitted on the plea of the right of private defence even though he has not specifically pleaded it.
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A.Dear Client,
Irresistible impulse is a type of insanity which means that the person could not control his actions even if he knew it to be as wrong; is not covered under insanity because it does not fall within the scope of Section 84 of IPC as it allows only incapacity of knowing the wrongfulness of an act to be defended.
Hope this clarifies your query and requirement.
Thank you.
Irresistible impulse is a type of insanity which means that the person could not control his actions even if he knew it to be as wrong; is not covered under insanity because it does not fall within the scope of Section 84 of IPC as it allows only incapacity of knowing the wrongfulness of an act to be defended.
Hope this clarifies your query and requirement.
Thank you.
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