Law Of Crime And Self-Defence
In fact, the law of self-defence has developed on the basis of instinct of self-preservation, which is common to all living creatures. It is founded on necessity and is not superseded by the law of state, though it has been curtailed to certain extent. The theory of self-defence not only partakes of the individualistic thinking but also assumes a social character and, therefore, forms part of social justice, as the defendant in the exercise of this right, on one hand, defends his own interest and on the other preserves public peace. Use of force in the exercise of right of self-defence is justified on two grounds i.e. the injustice of the attack and the presence of danger. Although in a democratic society, state enjoys monopoly of force against the wrong-doer, under certain circumstances, the defendant is also allowed to use reasonable force to protect person and property, if state-help is not available. Social awareness and public opinion on the law and practices of the right of self-defence was ascertained through a questionnaire and the findings have been analysed and given due place in the book. This is a novel feature of the treaties. It is written in a simple and lucid style which keep the interest of reader alive. It is likely to benefit the judges, the advocates and the law teachers and students alike.
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