Critical Exposition


Abstract:

This paper discusses the law of self-defense under Pakistani criminal law. It briefly discusses its origin and the differences in the law of self-defense under Anglo-American jurisprudence. It discusses under what situations may one person defend himself or his property to the extent he may even harm or kill the aggressor. How the law of self-defense extends not just to one’s own body and property but also to another person’s body and property. It also discusses under which situations is the right of self-defense restricted. The main findings of this paper are that the law of self-defense is a person’s fundamental right to defend himself from another person to the extent he may even kill the other person. It is a fundamental right guaranteed under law and does not warrant any criminal liability if exercised. There are certain scenarios in which a person may kill or just harm the aggressor if he reasonably apprehends any potential danger to his body or property. Such right commences as soon as he reasonably feels that there is a potential danger of harm or death from the aggressor or shall continue as long such reasonable apprehension or feeling continues. There are certain restrictions against the right of self-defense however, with the most important being that the extent of harm in the exercise of self-defense is only to the extent necessary for one to defend himself or his property, nothing more. However, in such cases, courts grant leeway as a person may not be able to measure the amount of damage, he may potentially commit to the aggressor in such a situation. Lastly, there is a presumption of there being no self-defense committed in the instant case by the Courts, which can be rebutted by the person who claims self-defense. The methodology used in this work is doctrinal.

Keywords: Criminal Law, Criminal Justice, Criminal Jurisprudence, PPC, Self-Defense, Doctrine of Self-Defense,