'Thammu Panduranga Rao & Anr. vs. State of Andhra Pradesh', Criminal Appeal No. 1132 of 2009 (decided on
26.04.2013)
The Hon’ble Supreme Court has held
that:
“It is the cardinal principle of
law that everyone has a right to defend his own person and property but the
right of private defence cannot be exercised for causing more harm than
necessary or for taking revenge. Such right of private defence must be used as
a shield to avert an attack and it should not be vindictive and cannot be used
to retaliate. In no case the right of private of defence extends to the
inflicting of more harm than it is necessary to inflict for the purpose of
defence.” [Para 10]
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