Wasim Law Services
Self-Defense in Murder
Categories
case laws
While Granting Pre-Arrest bail, the merits of the case can be touched.
Self-Defense in Murder
The right of self-defense is universally recognized as a fundamental principle of criminal law. In Pakistan, this right is codified under the Pakistan Penal Code (PPC), primarily in Sections 96 to 106. While the law provides individuals with the right to protect themselves, this right is not absolute—especially when it results in the death of another person. This article delves into the detailed legal framework of self-defense in murder cases, analyzing statutes, court interpretations, and societal implications.
Legal Foundation of Self-Defense under PPC
Self-defense, also referred to as the right of private defense, serves as a justifiable exception to criminal liability. The foundational legal provision is: Section 96 PPC: "Nothing is an offense which is done in the exercise of the right of private defense." This sets the stage for a series of provisions that define when, how, and to what extent an individual may use force to protect themselves or others.
Understanding Sections 96 to 106 PPC
Section 97: Grants the right to defend one’s own or another’s body and property. Section 98: Extends the right to cases involving unsound mind or intoxicated aggressors. Section 99: Lists limitations; force must be proportional and not used when public authority is involved. Section 100: Allows causing death in cases of imminent threat to life, rape, kidnapping, or grievous hurt. Section 101: Only non-lethal force permitted when conditions in Section 100 are not met. Section 102: Right of defense commences when apprehension begins and continues as long as the threat persists. Sections 103-104: Extend self-defense to property-related crimes. Section 106: Allows action with risk to innocent persons if unavoidable.
Burden of Proof in Self-Defense Claims
Under Pakistani law, the burden of proof shifts once the accused claims self-defense. The accused must establish: Existence of threat. Proportional response. However, the burden is not as high as in proving innocence; a balance of probabilities can be sufficient. Courts consider circumstantial evidence, witness testimony, and forensic reports.
What if I kill a thief in my home at night?
If the thief poses a serious threat, it may be justified under Section 100.
