Can Private Defence Protect Property from Overreaching Officers?

That I notice comes under the portion relating to the right of private defence of property. ... If a person prefers to use force in order to protect his property when he could for the protection of such property easily have recourse to the public authorities, his use of force is made punishable. ... Colombo, 47,227 /B R....

2024 0 Supreme(HP) 252

That section runs:— “The right of private defence of property against theft continues till the offender has effected his retreat with the property or, either the assistance of the public authorities is obtained, or the property has been recovered.” ... Section 105 of IPC deals with the right of private defence of the....

Of course in matters of this nature the burden of proving mala fides is on the party denying that the public officer concerned had a right to notice of the institution of the action. (Vide G. Scammell and Nephew, Ltd. v. Hurley et al. (supra).) ... his official capacity and not as an ordinary private individual and which has the effect of conveying such an impression by its seeming or appearance .... an act done by a ....

2023 Supreme(Online)(Pat) 10744

The first respondent surrendered his right to claim his candidature under OBC Category. ... the maximum age limit prescribed for the post by more than 3 years, he/she shall be deemed to satisfy the condition regarding age limit. ... In the absence of challenge to the select list and appointment of private respondents, the CAT has committed glaring error. ... It is to be noted that even Respondent No. 1-Manish Chandra Roy h....

2025 Supreme(Online)(Cal) 4856

It is nothing to do with the right to assemble on private street or property without consent of the owner or occupiers of the private property. ... Learned counsel for the petitioner submits that the petitioner intends to hold the meeting in the private property and the person who is the owner of the property has already given No Objection for holding ....

2024 Supreme(US)(ca6) 67

The Takings Clause provides that “private property [shall not] be taken for public use, without just compensation.” U.S. Const. amend. V. ... Page 7 One such privilege allowed individuals to enter property in the event of public or private necessity. ... II (1777) (“[P]rivate property ought to be subservient to public#HL_END....

Under section -98 this right of private defence continues till the property is recovered or till the assistance of the public authorities is obtained, which, I think, can only mean till the thief has been arrested. ... to the purpose for which the right of private defence is exercised. ...     Right of private....

2022 0 Supreme(J&K) 540

to overpower a private property. ... To forcibly dispossess a person of his private property, without following due process of law, would be violative of a human right, as also the constitutional right under Article 300 A of the Constitution. ... Article 31 guaranteed the right to private property, which could not be deprived without....

Beside the cases I have referred to there are no local decisions upon the exception to the right of private defence enacted in section 92 of the Penal Code in regard to an act done by a public servant or by the directions of a public servant acting in good faith under colour of his office ... Respondent's Counsel submitted that the accused was nevertheless liable to be convicted of the offences with....

2021 Supreme(Online)(MAD) 19187

Rule 3(a) must take note of the intendment of the Rule seeks to appoint officers in line with the value of the property itself. Thus the pecuniary limit fixed for the officer is based on the valuation of the property by the assessee in question. The higher value, the more senior the officer. ... , in the opinion of the Assessing Officer, does not exeed the aforesaid amo....

2018 0 Supreme(Chh) 102

Even from the documents Ex.D/6 to D/27 produced by the defence, it does not reflect that on the date of incident there was any crop standing on the said field. Right of private defence of property accrues to the accused when there is an imminent danger to his property which cannot be avoided except by use of criminal force. However, in the present case, such right was not available to the accused party. Therefore, the argument advanced by learned counsel for the appellants th....

2013 0 Supreme(Gau) 112

Normally limit in taking action under the law of private defence may be applicable universally in respect of physical fight between two persons or groups but such limit may not be applicable to a crime against woman of present nature. A manfolk who is physically stronger than the womanfolk cannot be over powered or prevented so easily and no presumption could be drawn that the appellant stopped the outrageous act destroying the apprehension of the victim woman and the threat of being ravished ....

2010 0 Supreme(MP) 1231

Under that circumstance, appellant had every right to use force till ousting of the deceased from inside the house and if for doing so he caused two-three blows, the same would not fall within the purview of the provisions of Exception (2) of section 300 of the Indian Penal Code, exceeding right of private defence of person and property. Under all these circumstances, the appellant used force and caused injuries by axe. It cannot be said that the appellant exceeded his right of priva....

2008 4 Supreme 179

He went there along with his party with the object of preventing the commission of theft of the Mahua fruit by the prosecution party. This he did in exercise of the right of private defence of property. In the alteration which followed two persons belonging to the prosecution party received Bhala injuries resulting in their death. Some members of the accused party were armed with bhalas but it was not possible to say who was armed and who out of them had inflicted the fetal i....

2003 0 Supreme(Raj) 1001

At the most he can be held guilty under Section 304 Part I IPC. Learned Public Prosecutor has contended that there is no evidence on record to show that the deceased had entered the house of the appellant to commit rape. He has also submitted that no weapon belonging to the deceased was seized by the Investigating Officer to prove that the deceased was having a weapon and, therefore, it cannot be held that the deceased had caused incised wound on the person of Smt. Supyar. He may be ....