sheryl francis (student) 23 July 2013

Electronic record

Hello,

Basically A has locked B in a hall and has cut off the power supply. B is locked in for an hour or so and is in astate of panic and hurriedly tries to find for the exit. Later on after half an hour A comes to open the door B hit A on the head and runs away. A dies. The CCTV records show A coming, then B coming and then B leaving.

How to prove that the whole act was a mischief played by A and not a murder by B as the CCTV shows. Is there any law or any exception in any law that can negate the CCTV footage as, as it is it is not showing what truely happened.

please help.

thank you.

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2 Replies

Ashok, Advocate (Lawyer at Delhi) 25 July 2013

If a person is assaulted with the intention of wrongfully confining him, he has the right of private defence that may extend even to the causing of death. See Section 100 of IPC, the relevant part of which is reproduced below:

“100. When the right of private defence of the body extends to causing death.—The right of private defence of the body extends, under the restrictions mentioned in the last preceding section, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptttions hereinafter enumerated, namely:—

… …

Sixthly.—An assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release.

… …

… …”

You can try to develop the case on these lines.