PRINCIPLES OF RIGHT OF PRIVATEDEFENCE

summarise the principles of Right of Private Defence as follows:
a) Self-preservation is the basic
human instinct and is duly recognized
by the criminal jurisprudence of all
civilized countries. All free, democratic
and civilized countries recognize the
right of private defence within certain
reasonable limits.
b) The right of private defence is
available only to one who is suddenly
confronted with the necessity of
averting an impending danger and not
of self-creation.
c) A mere reasonable apprehension is
enough to put the right of self defence
into operation. In other words, it is not
necessary that there should be an
actual commission of the offence in
order to give rise to the right of private
defence. It is enough if the accused
apprehended that such an offence is
contemplated and it is likely to be
committed if the right of private
defence is not exercised.
d) The right of private defence
commences as soon as a reasonable
apprehension arises and it is co-
terminus with the duration of such
apprehension.
e) It is unrealistic to expect a person
under assault to modulate his defence
step by step with any arithmetical
exactitude.
f) In private defence the force used by
the accused ought not to be wholly
disproportionate or much greater than
necessary for protection of the person
or property.
g) It is well settled that even if the
accused does not plead self-defence,
it is open to consider such a plea if the
same arises from the material on
record.
h) The accused need not prove the
existence of the right of private
defence beyond reasonable doubt.
i) The Bangladesh  Penal Code confers the
right of private defence only when that
unlawful or wrongful act is an offence.
j) A person who is in imminent and
reasonable danger of losing his life or
limb may in exercise of self defence
inflict any harm even extending to
death on his assailant either when the
assault is attempted or directly
threatened”.