Is it a Crime if we accidentally killed the attacker/thief to defend us?

Respected John Wick,

Let me describe it to you in the clearest manner possible.

An individual charged with homicide or any other crime involving physical injury has exceptions / defences under the Indian penal code. Involuntary intoxication, lunacy, self-defense, and abrupt instigation are some of the exclusions.

Now, your query is about what falls under the category of self-defense.

Each person regulated by Indian laws has the right to self-defense, i.e., the right to protect oneself against any attack by some other. What matters most, though, is that the force employed in self-defense is equal to the severity of the assault.

For example, A attacks B with a knife with the purpose of killing her. In order to rescue herself, B kills A while defending herself. B has used her right to self-defense to defend herself.

For example, A hits B and continuously punches her. B retaliates by injuring A. B used her right to self-defense to defend herself.

For example, A attacks B and repeatedly slaps him. B murders A while defending himself. Despite exercising his right to self-defense, B inflicted an injury that was out of proportion to the severity of A's attack. B will be prosecuted with culpable homicide, which is less serious than murder.

For example, A attacks B and repeatedly smacks her. B murders A while protecting herself. Despite exercising her right to self-defense, B sustained damage that was out of proportion to the severity of A's assault. B will be prosecuted with culpable homicide, which is less serious than murder.

It is critical to remember that some variables like the assailant's motive, the defender's intent, the severity of the assault, and others must all be taken into account before a court may award acquittal to someone using such a defense. These defenses are available at trial and are based in large part on the evidence and circumstances of each case.

 

Regards,

Anaita Vas

@AnaitaVas thanks for the detailed information mam. I have one more doubt which is will the same rules be applied for the third person who involves in saving the victim?
For example if the attacker is either attacking or trying to attack a victim with a knife, so if the 3rd person killed the attacker, it won't be punishable right? since the attacker has the intent to kill the victim..