Supreme Court of India

Darshan Singh v State of Punjab

2010 INSC 4520101 min read
The case in brief30-second read
Facts
The appellant was convicted for causing death in a clash over land and claimed the right of private defence.
Issue
What principles govern the right of private defence.
Held
The Court laid down principles: the right arises on reasonable apprehension of danger that is sudden and not self-created, ends when the threat ends, the force used need not be weighed in golden scales but must not be wholly disproportionate, and the plea can be considered even if not raised. The accused need only show the plea is probable.
Principle
Private defence is preventive, not punitive; it begins with reasonable apprehension and is judged by what a reasonable person would do in the moment.
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Facts

  • The appellant was convicted for causing death in a clash over land and claimed the right of private defence.

Issue

  1. What principles govern the right of private defence.

Held

  • The Court laid down principles: the right arises on reasonable apprehension of danger that is sudden and not self-created, ends when the threat ends, the force used need not be weighed in golden scales but must not be wholly disproportionate, and the plea can be considered even if not raised. The accused need only show the plea is probable.

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Citation

Darshan Singh v State of Punjab 2010 INSC 45

Reported: https://indiankanoon.org/doc/1748156/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.