LAW OF PRIVATE DEFENSE
SELF DEFENSE WHY? Nowadays we see violence attack on Hindus, in West Bengal, Jammu and Kashmir and so on. Hindus are submissive by nature and do not believe in violence. Peace is their religion, and inner peace is their yog. But now with increase in violence on Hindus, there is a hot discussion whether we can keep arms with us for self -defence? I feel its just not due to such incidents like Pahalgam but in general, all children must be trained in self-defence from school. It should be compulsory in curriculum. ARMS ACT 1959 So lets start to learn the legal provisions. One cannot keep arms with him/her. Why? Because they are governed by Arms Act 1959. “arms” means articles of any description designed or adapted as weapons for offense or defense, and includes firearms, sharp-edged and other deadly weapons, and parts of, and machinery for manufacturing, arms, but does not include articles designed solely for domestic or agricultural uses such as a lathi or an ordinary walking stick and weapons incapable of being used otherwise than as toys or of being converted into serviceable weapons; Here we are not talking about ammunition. Which is very dangerous like bombs, rockets, grenades etc. To possess arms, one requires license under Sec 3 of said Arms Act. Certain arms and ammunition are totally prohibited under the said Act. Now let us see which arms are permissible under the law or can say are out of reach of Arms Act. Gun with License, however, certain firearms and ammunition, such as those of .303, 7.62mm, 9mm, and .455 bore, are prohibited and not available for civilian ownership. Pepper Spray is legal in India for self-defence, stun gun, telescopic baton, lipstick stun gun, electroshock weapon, flashlights, red pepper gel spray. Difference between Self-Defense and Private Defense: While self-defense primarily focuses on personal protection, private defense extends to protecting others or one’s belongings. The principles of proportionality and reasonableness in using force also apply to private defense. The right to protect oneself, others, or property from harm or unlawful aggression. The terms “self-defense” and “private defense” are essentially synonymous in Indian law. They refer to the right to use force to protect one’s own body, or the body and property of another, against an immediate threat. While the terms are used interchangeably, “private defence” is sometimes used to encompass a broader range of situations, including defending others or one’s property, in addition to self-defense BNS Act 2023 provides Private Defence as under: RIGHT OF PRIVATE DEFENSE Nothing is an offense which is done in the exercise of the right of private defence. Every person has a right, subject to the restrictions contained in section 37, to defend— (a) his own body, and the body of any other person, against any offence affecting the human body; (b) the property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass. When an act, which would otherwise […]
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Automated Cars, Electric Cars, Accident and Liability: Indian Laws
Autopilot aeroplane, the autopilot engine pulls the entire train. Surprising isn’t it! No human as a driver yet it flies, runs on the track, and even flies. Yes, with artificial intelligence this is possible. It’s already implemented. But today we will discuss only automated cars. Laws governing it and the liability in case of an accident. Tesla is likely to hit the roads in India. It’s an automated car. When it’s going to be part of our normal life, we must know what provisions of the law will be applicable to the crimes. In general Motor Vehicle Act, of 1988 is applicable to vehicles, licenses, crimes, accidents, etc. relating to vehicles on roads. We will limit today’s discussion to the area of accidents by self-driven automated cars. What are the laws which govern accidents by automated cars? First, we will see legal provisions under the Indian Penal code: Accident in doing a lawful act.—Nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution. Illustration A is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there was no want of proper caution on the part of A, his act is excusable and not an offence. Section 279 in The Indian Penal CodeRash driving or riding on a public way.—Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Is offence cognizable under S279? The offence punishable under section 279 of IPC is a cognizable offence where the police have a right to arrest a person for an offence without a warrant, but such offences are bailable in nature and are triable by the Magistrate who is having the authority over the area wherein such offence has been committed. Now, what happens when an automated car meets with an accident? India: Motor Vehicle Act 1988 does not provide for an automated car. However, Section 2(9) says “driver” includes, in relation to a motor vehicle which is drawn by another motor vehicle, the person who acts as a steersman of the drawn vehicle. It means the person on the steering wheel is a driver and is an inclusive definition. But there is no provision for automated drivers. What is the difference between a vehicle and a motor vehicle? Vehicle means an Eligible Vehicle purchased by You being the vehicle specified on the certificate of insurance. Motor Vehicles means motor vehicles, tractors, trailers and other like property, whether or not the title thereto is governed by a certificate of title or ownership but does not include any vehicle or car operated on a rail or rails wither on or off […]
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