Right to self-defence too has a limit: Bombay high court

The Bombay high court recently ruled that one can exercise the right of private defence but it has to be within legal limits. The court, while acquitting a man, observed that he exceeded his right by his excessive response.

Justice RC Chavan partly allowed an appeal filed in 1993 by Baban Londhe challenging his conviction under Section 307 (attempt to murder) of IPC, sentence of five years RI and a fine of Rs200.

In June ’92, Londhe had hit Dattatraya Bhosale with an axe, causing grievous injury. Justice Chavan said “for justifying his right of private defence, it was necessary for the appellant (Londhe) to show that he apprehended suffering an injury.” He said considering the fact that Bhosale had gone to Londhe’s house to talk to him, “the appellant’s response was excessive”. He altered the charge to Section 308, substituted the sentence to 30 days already served and increased the fine to Rs25,000.