Private Defence Must Be Preventive, Not Punitive or Retributive In Nature : Supreme Court

The Supreme Court reiterated that private defence under the Indian Penal Code (IPC) should only be preventive, not punitive or retributive.

The bench upheld a murder conviction, stating that the appellant went beyond the limits set under Section 300, Exception 2 of the IPC.

The case involved a land dispute where the appellant fatally stabbed the unarmed victim. Referring to Darshan Singh v. State of Punjab (2010), the Court stressed the importance of proportionality in self-defence.

It rejected the claim under Exception 4 of Section 300, citing the appellant's premeditated actions. 

However, the appellant can apply for remission under Kerala's state policy, as he has already served nine years in prison.