MOHAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) RAMKRISHAN AGRAWAL 1. In the early stages of the evolution of civilization, the rule of 'survival of the fittest' predominated in the society. With advancement of the civilization, it came to be the function of the State to preserve law and, order and it was the duty of the State to protect the individual constituting the citizens of the State against invasion of their legal rights. How it is illegal for the individual to take law into one's own hands when he is assaulted or wronged by another except in case of highhanded crimes in which the circumstances require immediate and instantaneous defensive action against such crimes when the State help is not available and all the ex -post facto interference by the State may be useless to redress the wrong once done.

(2.) IT is the law of nature or the necessity to which a party may have recourse under certain situations to prevent greater personal injury which he may apprehend. Instantaneous defensive action means a degree of necessity. In other words self -defence is entirely a rule of necessity. Therefore, the right of self -defence is based on necessity and without such necessity the right to resort thereto does not exist.3

(3.) THE right of self -defence commences, when necessity begins and ends whpn necessity ceases8 and it is true maxim that "necessities inducit privilegium quod jure private" necessity induces or gives a privilege as to private rights.