RIGHT OF SELF-DEFENSE IN PRESENT LEGAL SYSTEM OF PAKISTAN

In Pakistan's legal system, the right of self-defense, outlined in the Pakistan Penal Code of 1860, grants individuals the right to defend themselves and their property from harm. This right extends to defending others as well. However, it's important to note that this right has limitations and must be exercised responsibly.

Here's a concise summary of key points regarding the right of self-defense in Pakistan:

  • The right of self-defense is available for protecting oneself and one's property, and can also be used to defend others.
  • It applies even in cases involving individuals of unsound mind if there's a threat of grievous harm.
  • Public servants carrying out their duties are not subject to this right.
  • The right doesn't apply when recourse to public authorities is possible.
  • The force used in self-defense must be proportional to the threat faced.
  • The right extends to situations where there's a threat of death, rape, or other serious offenses.
  • The right begins when the threat arises and continues until the danger subsides.
  • In certain circumstances, causing death may be justified, such as during robbery or housebreaking by night.
  • However, the right of self-defense cannot be used as a pretext for committing crimes or offenses, and it cannot be invoked when the actions of the other party are lawful.

Courts have provided guidelines for trial courts to ensure the fair application of the right of self-defense. The burden of proving innocence lies with the accused, and the prosecution can still pursue cases against them. While the police can use force during arrests in certain situations, such as when there's a risk of escape, extra-judicial killings are not permissible.

In essence, the right of self-defense is essential for protecting life and property but must be exercised with restraint and within the bounds of the law.