Pranav B Prem

In a significant ruling on January 9, the Supreme Court emphasized the importance of restraint in exercising the right of private defence. The bench, comprising Justices J.B. Pardiwala and R. Mahadevan, clarified that the right to private defence is strictly preventive, aimed at averting imminent danger, and cannot be exercised as a means of punishment or retribution. This principle was reiterated while dismissing a criminal appeal in Ratheeshkumar @ Babu v. State of Kerala, involving the murder conviction of the appellant.

Case Background

The case revolved around a property dispute between the appellant and the deceased, both owners of adjoining agricultural farms. On the day of the incident, the deceased attempted to erect a fence on his land, an action vehemently opposed by the appellant’s father. Following a heated altercation, the appellant joined the scene armed with a knife and inflicted fatal stab wounds on the deceased. While the father was acquitted, the appellant was convicted under Section 302 of the Indian Penal Code (IPC). The conviction was upheld by the High Court, prompting the present appeal.

Supreme Court Observations

The Court revisited the provisions governing the right of private defence under the IPC, particularly Sections 96 to 105. It noted that the right to private defence extends only to acts that are necessary to prevent imminent harm to life or property. For the exercise of this right, there must be a reasonable apprehension of danger—real or apparent—to life, limb, or property.

No Reasonable Apprehension of Danger

Upon examining the facts, the Court concluded that the appellant's claim of acting in private defence lacked merit. The deceased was unarmed, and there was no imminent threat to the appellant or his property. The Court also questioned the rationale behind the vehement opposition to the erection of the fence, as the deceased was acting within his rights. The appellant’s premeditated arrival with a knife further negated the possibility of a spontaneous or defensive act.

Excessive Force and Aggression

The Court highlighted that even if the initial stabbing could hypothetically be considered defensive, the appellant’s continued assault—including the use of a wooden stick—demonstrated excessive force. This shift from defence to aggression undermined the appellant’s plea of self-defence. Citing the 2010 ruling in Darshan Singh v. State of Punjab, the Court reiterated that self-defence must not involve disproportionate or excessive force.

Exceptions to Section 300 IPC

The appellant sought the benefit of Exception 2 to Section 300, which exempts culpable homicide from being classified as murder if the act is committed in the good faith exercise of private defence but exceeds legal limits. However, the Court found no evidence of good faith, noting that the appellant’s actions were deliberate and lacked justification. Furthermore, Exception 4 to Section 300—covering acts committed without premeditation during a sudden fight—was also ruled out, as the deceased was unarmed and the appellant acted with undue advantage and cruelty.

Burden of Proof in Private Defence Claims

The Court reaffirmed that the burden of proving the existence of circumstances justifying self-defence rests on the accused, as outlined in Section 105 of the Indian Evidence Act. While this burden is less stringent than the prosecution’s burden to prove guilt, it still requires the accused to establish a preponderance of probabilities. In this case, the appellant failed to discharge this burden.

Remission Possibility

Acknowledging the appellant’s nine-year incarceration, the Court declined to interfere with the conviction but allowed the appellant to seek remission under the Kerala State’s remission policy. The state authorities were directed to consider the application in accordance with the law.

Cause Title: RATHEESHKUMAR @ BABU v. THE STATE OF KERALA & ANR.

Case No: CRIMINAL APPEAL NO.1049 OF 2018

Date: January-09-2025

Bench: Justice J.B. Pardiwala and Justice R. Mahadevan

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