An Examination of Right to Private Defence

The right of private defence is based upon the law of nature. It is a natural instinct in man to defend himself and maintain the possession of that, which belongs to him against unlawful aggression of others. Nature has equipped the man with all those means which are essential to achieve this object. Law does not stand in way of the natural right of self defence, which therefore exists in full force. The state has the duty to protect its citizens and their property from harm. However, circumstances may arise when the aid of state machinery is not available and there is imminent danger to a person or his property. In such situations, a person is allowed to use force to ward-off he immediate threat to his or someone else's person or property. This is the right of private defence. The people are endowed with this right so that they can defend themselves and their property and not hesitate due to fear of prosecution. The right, in some circumstances even extends to causing death of the person who poses such a threat.