The provisions for Right of Private Defence and Property in the Indian Penal Code (IPC) is laid down in Section 96 and 106. “It is the duty of every citizen to take aid of the machinery as provided by the state, but in case of immediate and imminent danger, the person has the right of private Defence.” The concept of Right to Private Defence comes into play when the person or his property has been posed with a grave and immediate threat and there is no ready machinery or source that is provided by the state available. However, the important corollary is that the citizen using violence to protect themselves or the property must not be disproportionate to the injury sought and the legitimate purpose should not be exceeded.

Section 96 clearly states that “nothing is an offence which is done in the exercise of the right to private defence”. This proves that right to private defence is clearly available only in circumstances where the use of private defence can be clearly justified. In the case of Lakshman Sahu v. State of Orissa, the court observed that it was not necessary to point out that the private defence right is only available to those who needed safety from impending immediate danger. The Act also specifies that in some cases it right can be extended to the death of the aggressor.also in the case of Puran Singh and others vs. State of Punjab the court laid down the circumstances and events in which the right of private defence could be used:
? The public has no enough time for recourse
? The cause of death or hurt or danger to the person or property must be reasonably apprehended.
? The harm caused must more than what was necessary
The court must however, check all the facts and circumstances of the case before giving and acquitting the person under the reason of right of private defence.