'Right Of Private Defence' SC Acquits Doctor In Murder Case

National National

Posted by AI on 2025-09-09 13:40:44 | Last Updated by AI on 2025-09-09 19:08:49

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The Supreme Court of India has pronounced that the right of private defence cannot be weighed in a golden scale and must be judged from the standpoint of a reasonable person. The bench of Justice Sanjay Kishen Kaul and Justice M.M. Sundresh pronounced this judgment while acquitting a medical practitioner in a murder case.

The case dated back to January 2011 when the medical practitioner was arrested for murdering a person who had allegedly molested his daughter. The accused snatched the pistol from the assailant and shot him dead.

The Allahabad High Court had earlier convicted the practitioner under Section 302 of the Indian Penal Code, 1860. Therefore, the doctor challenged the high court's order in the Supreme Court.

While hearing the appeal, the bench observed that the right of private defence is not lost even if a weapon is used. The bench further observed that the accused had all the right to protect himself and his daughter.

The Supreme Court, therefore, acquitted the medical practitioner. While delivering the judgment, Justice Sanjay Kishen Kaul stated,

"The right of private defence is a right available to every citizen, and in appropriate cases, the court is bound to acquit the accused irrespective of the fact that the offence is punishable with death or imprisonment for life."

This judgment can set a precedent for future cases on the right to private defence.

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