Supreme Court · 2022 INSC 644 · Decided 14 June 2022
EX. CT. Mahadev v. The Director General, Boarder Security Force & ORS.
- Court
- Supreme Court of India
- Citation
- 2022 INSC 644 · [2022] 7 S.C.R. 1136
- Case number
- CIVIL APPEAL No. 2606/2012
- Decided
- 14 June 2022
- Bench
- BHUSHAN RAMKRISHNA GAVAI, HIMA KOHLI (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- IPC Section 96, 302, 300, 304, 96to106, 97, 99, 96to98; Evidence Act Section 105
Headnote
Border Security Force Act, 1968 - s.46 - Penal Code, 1860 - ss.96-100 & s.302, Exception 2 to s.300 and s.304 - Plea of self defence - When available - Appellant, serving in BSF was convicted for an offence committed for murder u/s.302, IPC and was sentenced to life imprisonment - Statutory appeal filed by the appellant was dismissed - Order upheld by High Court - Held: Whether a person has legitimately acted in exercise of the right of defence would depend on the nuance of each case
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