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Kumar (Family CEO)     05 May 2012

Armed guards for personal protection

Criminal Lawyers

 

Background : A person fears for his life and property. Can this person hire armed guards and post them outside his residence.

Questions:

1. Is a court order required to publicly post the armed guards outside the residence ? 

2. Can a sign post be placed outside the property which states " Do not trespass. Trespassers will be shot ".

I am interested in retaining an attorney for this situation.



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 1 Replies

Democratic Indian (n/a)     05 May 2012

Background : A person fears for his life and property. Can this person hire armed guards and post them outside his residence.

It is not neccessary that person has to first have "fear" or threat about his life and property before having armed guards. Even if someone has no fear or threat, he can have armed guards. Armed guards can be posted inside or outside residence as required by situation. Person may himself also arm by following the law.


1. Is a court order required to publicly post the armed guards outside the residence ?

No court order is normally required so long the armed guards have valid arms license and do not violate any law in force.


2. Can a sign post be placed outside the property which states " Do not trespass. Trespassers will be shot ".

You may post such warning just for the purpose of warning only. But remember that you cannot shoot merely because someone is tresspassing. Read section 103 of IPC very carefully. There must be reasonable apprehension that death or griev­ous hurt will be the consequence of the tresspass.


For example someone might have tresspassed merely because he was very hungry and wanted to steal some fruits from your gardern. You have no danger to your life or grievious hurt from such person. You cannot shoot such person. On the other hand if armed gang suddenly or violently tresspasses into your house, then it will be reasonable to apprehend danger to your life or grievous hurt from that armed gang if self defense not excersised as allowed by Section 103 IPC or Section 100 IPC.


Please do not jump to conclusions by casual reading of Sections 96 to 106 IPC. Read them very very carefully again and again if required. Every word or sentence has a meaning in law and thus cannot be ignored. If you are not able to understand or have doubts, you may also sit with some experienced criminal lawyer to discuss the fine points of law because law has to be followed very strictly in this matter.

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