Daryao v State of Uttar Pradesh (1961)
Case Brief: Daryao v. State of Uttar Pradesh (1961)
1. Facts
The accused, Daryao, was charged with the murder of a person.
The incident arose when Daryao allegedly shot the deceased during a conflict.
The accused claimed he acted in private defense of his life and property.
The trial court convicted him, but the question was whether his action fell under the right of private defense under the Indian Penal Code (IPC).
2. Legal Issues
What is the scope of the right of private defense in cases involving death or grievous hurt?
Whether the right of private defense is available when there is sudden and imminent danger.
How to balance right of private defense with the principle of proportionality in using force.
3. Supreme Court’s Decision
The Supreme Court held that the right of private defense extends even to causing death if it is necessary to prevent the commission of a serious offense against oneself or property.
The Court emphasized that this right applies when:
The danger is imminent or immediate.
The accused has reasonable apprehension of danger.
The defensive act is proportionate to the threat.
The Court acquitted Daryao, finding that his act was justified as private defense of life.
The judgment clarified that private defense is a fundamental right, but its exercise must be reasonable and necessary.
4. Significance
This case is a leading authority on the right of private defense under Sections 96 to 106 of the IPC.
It established that the right to defend oneself can justify even lethal force, subject to reasonable necessity.
The judgment guides courts in assessing whether private defense was rightly claimed.
It balances individual rights with public order concerns.
5. Related Case Laws
K.M. Nanavati v. State of Maharashtra (1962) — right of private defense and limits.
Ram Chander v. State of Punjab (1957) — right to private defense against wrongful acts.
State of Rajasthan v. Kashi Ram (2006) — scope and limitations of private defense.
6. Summary Table
| Aspect | Details |
|---|---|
| Case | Daryao v. State of Uttar Pradesh (1961) |
| Court | Supreme Court of India |
| Legal Issue | Scope and limits of right of private defense, especially causing death |
| Decision | Right of private defense extends to causing death if necessary and proportionate |
| Significance | Clarified the law on private defense; established conditions for its exercise |
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