What if I kill a thief in my house ???

Querist : Anonymous (Querist) 27 December 2010 This query is : Resolved
Suppose a thief burglared my house, suddenly I enter my house, the thief attacks me but I kill him before he could hurt me.

Would I be tried for a murder or not?

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Bhawani Mahapatra (Expert) 27 December 2010
The answer is very crucial. You can get the benefit of right of private defence of body and property but you have to prove beyond all reasonable doubt that was the last option left with you to act or else you will wery well placed to be tried u/s 302IPC.

Querist : Anonymous (Querist) 27 December 2010
Supposing none else was present at the time of murder of this thief to be a witness in the Court,then how would I prove that my life was in danger?

After all the murdered person was a thief.

Guest (Expert) 27 December 2010
KINDLY NOTE THAT.
1YOU HAVE KILLED THIEF IN YOUR HOUSE AS HE ATTACKED YOU.
2.KINDLY NOTE THAT POLICE CAN ARREST YOU ON CHARGES OF MURDER AND YOU HAVE TO TAKE DEFENCE IN COURT THAT THE SAID PERSON WAS THIEF AND ATTACKED YOU IN YOUR HOUSE.GENRAL EXCEPTIONS IN I.P.C.COVER THIS TOPIC.WITH THE HELP OF GOOD LAWYER ONE CAN BE ACQUITED.BUT TILL THE TIME THE SESSIONS CASE OF MURDER COMES BEFORE COURT YEARS MAY PASS AND IT WILL BE HARASSMENT FOR THE INNOCENT PERSON AND IT IS NOT THAT EASY TO PROVE THE INNOCENCE.SO BE CAREFUL.GOOD LUCK.

Advocate. Arunagiri (Expert) 27 December 2010
No body had seen the murder, no body had seen the private defence taken by you, the thief is a stranger, so, you will get the benefit of doubt.

s.subramanian (Expert) 27 December 2010
I agree with Mr.Arunagiri and I would like to add that you always have the defence of private defence.

Devajyoti Barman (Expert) 27 December 2010
Yes yopu could be triied for murder. The defence of private defence would not be applicable if it is found that the degree of attack on thief was more than that of what you faced. To defend oneself from the attack of 'lathi', one can not use sword and behead the attacker and claim the right of private defence.