Right To Private Defence Extends To Save Oneself Or Anybody Else From Sexual Offences: Madras HC Quashes FIR Against Mother For Killing Husband Who Attempted To Rape Daughter
The Madras High Court quashed criminal proceedings against a mother accused of allegedly killing her husband to defend their daughter from an attempted sexual assault.
The Bench stated that a person has the right to private defence under Section 97 of the IPC to save herself or anybody from sexual offences. The Court noted that the mother (petitioner) had killed her husband by hitting his head with a hammer to save the honour of her daughter from him as he allegedly “tried to ravish his own daughter aged about 21 years.”
A Single Bench of Justice G. Jayachandran observed, “If any person, in order to save herself or anybody from such sexual offence have right to private defence under Section 97 of I.P.C. Even if the offence is admitted, the petitioner will be exempted under Section 97 of I.P.C from being punished.”
GA S. Udaya Kumar represented the respondent.
The mother had filed a petition under Section 482 of the CrPC to quash criminal proceedings under Section 302 of the IPC on the ground that she exercised her right to private defence and was forced to kill her husband who was in a “drunken mood” and tried to sexually assault his daughter.
Relying on the post-mortem report of the deceased husband (victim), the petitioner argued that her prosecution under Section 302 of the IPC was erroneous since the report indicated that the victim had sustained the injury on the back of the head and hence was a clear case of private defence under Section 97 of the IPC.
The Bench stated that every person has a right, subject to restrictions, to defend their body and the body of any other person, against any offence affecting the human body under Section 97 of IPC.
“From the record, it is obvious that the deceased was drunken state and tried to misbehave with his own daughter. To save the honour of his daughter, the petitioner herein, who is none other than the mother of the girl had committed the above offence,” the Court observed.
The Court explained that a person, in order to save herself or anybody from such sexual offence, has the right to private defence under Section 97 of the IPC. “Even if the offence is admitted, the petitioner will be exempted under Section 97 of I.P.C from being punished,” the Court remarked.
Consequently, the Court observed, “In such circumstances, it is a fit case to be interfered taking note of the fact that the body of the deceased found semi nude and injury on his head i.e., skull broken tallies with the explanation given by the petitioner as well as the statement of Sreekeerthi, daughter of the petitioner.”
Accordingly, the High Court allowed the petition.
Cause Title: Smt. Preetha v. The Inspector of Police & Anr.