We have heard that ignorance of the law is not an excuse.

 We have heard that ignorance of the law is not an excuse. In fact, knowing the law as an ordinary citizen is essential in today's society. So what I am going to say is the right to personal security or the right to self-defense.

This is a very important part under criminal law. This is an extremely complex part. But I hope to mention it very simply for your awareness and ease of understanding.

How do you get legal coverage if you commit murder or cause serious harm to a person?

One of the primary defendants involved in this case is the right to personal protection. (There are several other such arguments)

Can this right to personal protection be exercised only when someone tries to assault his own body?

Not really. You can also exercise this right when someone tries to harm you. You can also exercise this right when someone tries to harm your property.

Can't this right be used to protect someone else?

Can In the event of any harm done not only to one's own body or property, but also to the body of another, or to the property of another, one has the right to exercise this right and to refrain from assault or harm. For example, the ordinary citizen has the right to suppress the abuse or rape of another person, to save one's life from a criminal, to stop theft or robbery (with or without the consent of the person involved in the accident or harm).

Can this right be exercised when a police officer on duty detains and interrogates him or when a public officer exerts any influence on him in his official duties?

Cannot be used at all. Ordinary citizens do not have the right to use this protection even when an army officer or a police officer fears death or serious injury or does something to himself.

Cases where a criminal can be killed using the right to personal protection.

01. In an assault that could result in death.

02. In an attack that could result in serious injury.

03. In an assault with intent to rape a woman.

04. In an attack made with the intention of appeasing the unnatural lust.

05. In an assault with intent to abduct or kidnap.

06. In an assault with the intention of improper detention.

07. Plunder.

08. Breaking down houses at night.

09. Doing harm to a human habitation by using fire or explosives.

Except in the above cases, you cannot use your right to personal protection to kill a criminal.

In the event of theft, mischief, or criminal intrusion that is not involved in the above cases, the offender has the right to strike or defend the property.

 

Limits on personal security

This right can be exercised when one is ready to attack, and one's actions are sufficient to frighten one to death. And the right to personal security comes into play when there is a legitimate fear that someone is ready to do this to them. This means that this can start even before the criminal is active.

When the perpetrator becomes paralyzed by exercising his right to personal protection, you should immediately stop assaulting him. That is, you must stop abusing the right to self-defense if you have taken steps to curb the criminal practice of the perpetrator and crippled him. Because sometimes your wrongdoing can escalate to death. Then if it somehow proves you could be guilty of a criminal misdemeanor murder.

What if the right to personal security is violated?

You can use only minimal force to suppress crime. For example, it is an unlawful homicide if the suspect or the perpetrator is beaten to death, despite the fact that he or she has the opportunity to seek the assistance of the police to escape from the perpetrator. Otherwise it is a serious injury. You will be punished for the weapon you used.

So know and exercise the right to personal security.

 

Note: Lakmal Deegalla

Faculty of Law - University of Jaffna