In the process of trying to defend oneself, the other person was accidentally murdered.

Question

► My brother is 18 years old. A friend of his—who is 20—had been involved in a phone dispute for several days with a guy who had a "thug-like" demeanor. Eventually, this guy challenged my brother's friend to meet in person. My brother's friend asked my brother to come along, assuring him that they were going solely to talk and resolve the conflict, and suggested that my brother could help reason with the guy. Consequently, my brother, the friend involved in the dispute, and a third friend—making a group of three—went to the designated spot at 1:30 AM on the 14th. Their sole intention was to talk; they went with absolutely no intent to inflict harm. However, the guy they were meeting—the one with the thug-like demeanor—began hurling insults and abusive language instead of engaging in a conversation. My brother and his friends tried to explain that they had come only to talk and find a resolution, but the other guy had clearly arrived with the specific intent to fight and cause injury; he had even brought a knife with him and was making threats, while also directing baseless accusations at my brother. Despite this, my brother continued to listen to him patiently. When the guy began directing abusive language specifically at my brother, the second friend who had accompanied them could no longer tolerate seeing the guy verbally abuse my brother with

Answer 1

Dear Client, based on the facts provided, it is not possible to say that this is murder. If the other person came with a knife and there was a genuine threat to the safety of your brother or his friends, the right of private defence under Sections 34 to 44 of the Bharatiya Nyaya Sanhita, 2023 may apply. In some cases, the law allows a person to use force to protect themselves or another person from a serious attack. However, whether this defence is available will depend on the evidence, the circumstances of the incident, and whether the force used was necessary in the situation. The final decision can only be made after investigation and examination of the evidence. Please reach out to us if you have any further queries. Thank you.

Answer 2

Dear Client,

Considering the facts mentioned, it can be presumed that your brother and his group of friends went for the meeting only with the intent of solving the dispute and not harming anyone; but how the case will go forward will depend on how the matters progressed following the escalation of the situation. According to Indian laws, in the scenario where the other party was an aggressor and came armed with a knife, threatening and creating a reasonable apprehension of any imminent harm, the issue of private defence may come into play. Having said that, the issue of private defence is applicable only when there was no excessive use of force by your brother and his gang. As far as this issue is concerned, factors like who started the fight, whether anyone was hurt, whether there was a use of weapons, evidence from witnesses, CCTV footage, medical reports, and complaint lodged in the FIR can prove to be very important. Due to an incomplete message, it is difficult to provide any further details until we have the rest of the facts.

I hope this helps and if you have any further issues do not hesitate to contact us.

In the process of trying to defend oneself, the other person was accidentally murdered.

2 Answers