supreme court: Circumstances key in right to self defence: Supreme Court | India News


NEW DELHI: The Supreme Court on Tuesday exonerated a BSF constable of murder charges on finding he had justifiably exercised his right to self-defence by firing at a group of smugglers at the Indo-Bangladesh border in 2001, killing a notorious smuggler, reports Dhananjay Mahapatra.
The General Security Force Court (GSFC) and the Delhi HC had found the constable guilty of murder relying on the doctor’s testimony that the fatal fire wound injuries were because of point blank discharge of service rifle at the deceased.
A bench of Justices BR Gavai and Hima Kohli said right to self-defence is a tricky concept which could not be threadbare analysed by courts to scrutinise whether the person accused of wrongly exercising this right had taken sufficient precautions when facing a life threatening situation. The SC ordered his release, saying the 11 years imprisonment he has undergone was sufficient punishment.


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