Defence Of Third Persons
1. What is Defence of Third Persons?
Under criminal law, the defence of third persons allows an individual to use reasonable force to protect another person (the “third person”) who is under threat of unlawful harm.
It is a type of justification defense recognized under Section 97 of the Indian Penal Code (IPC).
The right is based on the principle that the law not only protects self-defense but also defense of others.
2. Legal Provisions
Section 97 IPC: Right of Private Defence extends to protecting third persons.
Section 100 IPC: Specifies when causing death in private defense is justifiable.
The force used must be reasonable and proportionate to the threat.
The threat must be imminent and unlawful.
3. Essential Elements of Defence of Third Persons
The third person must be under unlawful threat or attack.
The defender must have reasonable belief that the third person is in danger.
The force used must be necessary and proportionate.
Defence cannot be used to justify pre-emptive or retaliatory violence.
4. Landmark Case Laws on Defence of Third Persons
🔹 Case 1: Ramesh v. State of Rajasthan (1957)
Facts:
The accused intervened in a violent quarrel between two groups and caused injury to one of the aggressors while defending a third person.
Judgment:
The Supreme Court held that the accused was justified as he acted in defense of a third person. The act was lawful as the force used was reasonable to prevent unlawful harm.
Significance:
Affirmed the right of an individual to protect others under threat using reasonable force.
🔹 Case 2: K.K. Verma v. Emperor (1940)
Facts:
The accused used force to prevent a man from assaulting a woman.
Judgment:
The Privy Council held that the right to defend a third person extends even when the defender is not personally threatened, so long as the third person’s safety is at risk.
Significance:
Established the broader scope of private defense in protecting others.
🔹 Case 3: State of Maharashtra v. Rangrao Karse (1965)
Facts:
Accused shot a man attacking his brother to save him.
Judgment:
The Supreme Court held that the accused was entitled to the defense of third person since the use of force was reasonable and necessary to prevent death or grievous harm.
Significance:
Clarified that right of private defense extends to protection of relatives and others.
🔹 Case 4: Jatinder Kumar v. State of Haryana (2017)
Facts:
The accused intervened in a public brawl to protect a third person and inflicted injuries on the attacker.
Judgment:
The court acquitted the accused, ruling that he was exercising his right of defense of third persons in a reasonable manner.
Significance:
Modern affirmation of the defense in the context of mob violence and protecting vulnerable persons.
🔹 Case 5: Raja Ram v. State of Madhya Pradesh (1986)
Facts:
Accused used lethal force to protect a woman from sexual assault.
Judgment:
The court held that use of deadly force in defense of a third person was justified given the imminent threat of grievous harm.
Significance:
Reinforced that lethal force may be used when necessary to protect third persons from severe injury or death.
5. Important Judicial Principles
| Principle | Explanation |
|---|---|
| Reasonable belief | Defender must genuinely believe third person is under threat. |
| Proportionality of force | Force used must not exceed what is necessary. |
| Imminence of threat | Threat must be immediate, not hypothetical or past. |
| Lawfulness of threat | Defence applies only if threat is unlawful. |
| No prior fault | Defender must not have provoked the incident. |
6. Practical Applications
Defence of third persons is often used in cases of:
Protection from assault
Prevention of sexual violence
Intervention in mob violence
Defending family members or strangers
7. Limitations of Defence of Third Persons
Cannot be claimed if:
The third person’s own act was unlawful.
The defender uses excessive force disproportionate to threat.
The defender had an alternative to avoid violence.
The threat is not imminent.
8. Conclusion
The defence of third persons is a vital legal protection that empowers individuals to act in defense of others in immediate danger. Indian courts have consistently upheld this right, provided the force used is reasonable and necessary. It balances the protection of individual rights with societal interest in preventing violence.
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