NDLI: Ex. Ct. Mahadev Vs. The Director General, Boarder Security Force & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Border Security Force Act 1860 – ss.96-100 & s.302 Exception 2 to s.300 and s.304 1968 – s.46 – Penal Code
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Border Security Force Act, 1968 – s.46 – Penal Code, 1860 – ss.96-100 & s.302, Exception 2 to s.300 and s.304 – Plea of self defence – When available – Appellant, serving in BSF was convicted for an offence committed u/s.46, BSF Act i.e. for murder u/s.302, IPC and was sentenced to life imprisonment – Statutory appeal filed by the appellant was dismissed – Order upheld by High Court – Held: Whether a person has legitimately acted in exercise of the right of defence would depend on the nuance of each case – To claim such a right, the accused must be able to demonstrate that the circumstances were such that there existed a reasonable ground to apprehend that he would suffer grievous hurt that would even cause death – In the present case, the right of private self defence would be available to the appellant keeping in mind preponderance of probabilities that leans in his favour – In a situation where he was suddenly confronted by a group of intruders, who came menacingly close to him, were armed with weapons and ready to launch an assault on him, he was left with no other option but to save his life by firing at them from his rifle – In the process two of the shots pierced through the deceased, causing his death – Appellant ought not to have been convicted for the murder of the deceased – Rather, the offence made out is of culpable homicide not amounting to murder u/Exception 2 to s.300 IPC, thereby attracting s.304, IPC – Impugned judgment modified – Further, on facts, period already undergone is sufficient punishment for the offence – Appellant set free. Penal Code, 1860 – ss.96-100 – Right of private defence – Evidence Act, 1872 – s.105 – Burden of proof – Held: s.105 states that the burden of proof rests with the accused who takes up the plea of self defence – It is for the accused to adduce positive evidence or extract necessary information from the witnesses produced by the prosecution and place any other material on record to establish his plea of private defence – Accused need not prove the existence of private self-defence beyond reasonable doubt and it would suffice if he could show that the preponderance of probabilities is in favour of his plea, just as in a civil case. Penal Code, 1860 – ss.96-100 – Plea of right of private defence – When available – Circumstances enumerated to guide assessment by Courts.
Judge	Hon'ble Ms. Justice Hima Kohli
Neutral Citation	2022 INSC 644
Petitioner	Ex. Ct. Mahadev
Respondent	The Director General, Boarder Security Force & Ors.
SCR	[2022] 7 S.C.R. 1136
Judgement Date	2022-06-14
Case Number	2606

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Ex. Ct. Mahadev Vs. The Director General, Boarder Security Force & Ors.

Ex. Ct. Mahadev Vs. The Director General, Boarder Security Force & Ors.

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