Scribd
Upload
19 views2 pages

Document

Law notes

Uploaded by

bulbulkarn0418
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
19 views2 pages

Document

Law notes

Uploaded by

bulbulkarn0418
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 2

Prakash Kadam v.

Ram Prasad (2013) is an important Supreme Court case in India that


deals with the right to private defense and the parameters governing self-defense actions.

Judgment:

The Supreme Court made several critical observations and laid down important principles
regarding the right to self-defense:

• Right to Private Defense:

• The court reiterated that every individual has the right to defend themselves against any
unlawful aggression. However, this right is not absolute and must be exercised within legal
boundaries.

• Immediacy of Threat:

• The threat must be immediate and real. The court noted that the right to self-defense
applies only when there is an actual or imminent danger to life or bodily integrity.

• Proportionality of Force:

• The force used in self-defense must be proportionate to the threat faced. If the force
exceeds what is necessary to prevent harm, it could lead to criminal liability.

• Burden of Proof:
• The burden lies on the accused to establish that their actions were justified under the
circumstances. They must prove that the force used was necessary and appropriate in the
context of the threat.

• Judicial Scrutiny:

• The court emphasized the need for careful judicial scrutiny in cases of self-defense,
especially when it results in death. The courts must ensure that the actions taken were
justified and not a pretext for unlawful aggression.

Significance of the Case:

The Prakash Kadam v. Ram Prasad ruling is significant for several reasons:

• It clarifies the legal boundaries of self-defense and the conditions under which
individuals may resort to lethal force.

• It reinforces the principle that while the right to private defense is fundamental, it must be
balanced against the necessity and proportionality of the force used.

• The case contributes to the legal framework surrounding self-defense in India, ensuring
that individuals are held accountable for their actions while still recognizing their right to
protect themselves.

You might also like