• Consequence of fatally injuring someone in self defence

Scenario: I go to a friend's marriage and my enemy who is a professional boxer also comes there(as he is a mutual friend). He attacks me with his bare hands(fist punch) and if I not only manage to escape that punch but also stabs him with a knife since i can't fight with him with bare hands. What will be the consequences for me if he dies or not dies. Special Note: He attacked first.
Asked 4 months ago in Criminal Law
Religion: Hindu

4 answers received in 2 hours.

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8 Answers

Dear client,

you can exercise your right to self-defense but within the restrictions of section 99, IPC. Moreover, the entire incident must be looked at very closely to decide such situations. My advice would be to get a good criminal lawyer in your case as you might have overstepped while exercising your right.

Thank you

Anik Miu
Advocate, Bangalore
4377 Answers
45 Consultations

4.9 on 5.0

In one sentence, You will be safe and won't be liable for any offence if you can prove the exact occurrence as testified by you. 

Thanks

Ramakant Singh
Advocate, Delhi
34 Answers
4 Consultations

4.0 on 5.0

You can only take ground of self defence in the same. You may be charged for culpable homicide not amounting to murder in the same

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0

It will be a criminal case, since the death takes place the person who attacked the other may be held for the offence of murder.

Any defence on the part of the accused has to be let in as defence evidence and strong arguments to be presented before trial court to defend his interest to convince the court. 

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

You can claim right of self defence as enumerated in section 96 to 106 of IPC 

 

SC has held right of private defence extends not only to “the defence of one’s own body against any offence affecting the human body but also to defend the body of any other person. The right also embraces the protection of property, whether one’s own or another person’s, against certain specified offences, namely, theft, robbery, mischief and criminal trespass”.

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

- if you have stabbed him , then you can be booked under section 307 IPC i.e.  attempt to commit murder , and it is  a punishable offence, 

- Further, if he dies ,then this section will turn into section 302 IPC 

- However, during the trial of the case , you can produce the witnesses that this attack was due to self defense and not intentionally , and you may be acquitted in the  case. 

- However, firstly you should try for getting anticipatory bail from the session court. 

Mohammed Shahzad
Advocate, Delhi
9473 Answers
107 Consultations

5.0 on 5.0

1. Every person is entitled to right of self defence.

2. If you have stabbed him/fatally injured the attacker in self defence knowing well that if you had not protected yourself, the attacker would have killed you. To prevent your death only you have grievously injured the attacker by using the right to self defence and whether he dies or survives, you will not be charged with murder, if you prove to the authorities that there was no option left for you at that time except acting in self defence.

Shashidhar S. Sastry
Advocate, Bangalore
4100 Answers
258 Consultations

5.0 on 5.0

It would be murder as the person cannot claim self defence that the other side is not using any weapon to cause fatal injury. Fatal stab in the chest in retallation to a punch or two, even though by a pro boxer cannot be taken as a plea of self defence

Siddharth Jain
Advocate, New Delhi
5904 Answers
97 Consultations

5.0 on 5.0

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