Amjad Khan v. The State (1952 AIR 165)

Quick Summary

This case asks a direct question: Was Amjad Khan guilty of murder, or was he protected by the right of private defence? The Supreme Court said the facts created a real and pressing danger. The mob was violent; there was no time to get help. Under Section 102 IPC, the right of private defence had started. In these conditions, his use of the gun, though deadly, was covered by law.

Issues

• Whether the appellant is liable for murder, or whether he acted within his right of private defence under Section 102 IPC.

Rules

• Section 102 IPC (Commencement of right of private defence): The right begins as soon as there is a reasonable apprehension of danger to the body from an attempt or threat, even if the offence is not completed.
• Extent of right: If there is a reasonable fear of death or grievous hurt and no time to seek protection, the right may extend to causing death.

Key exam point: Focus on timing (when fear arises) and necessity (no time to get help).

Arguments

Judgment

Held: The Supreme Court accepted the plea of private defence. Given the mob’s violence, the presence of family inside, and the lack of time to seek help, there were reasonable grounds to fear death or grievous hurt. Therefore, the defensive act—even though it caused death—fell within the protection of law.

Ratio Decidendi

The right of private defence under Section 102 IPC begins with a reasonable apprehension of danger, not only when the offence is completed. If the threat is grave and urgent, and there is no time to get official protection, the right may extend to causing death.

Why It Matters

• Clarifies the timing of when private defence starts (on apprehension).
• Explains when private defence can lawfully extend to causing death.
• Guides courts in riot-like, fast-moving danger situations.

Key Takeaways

1. Section 102 IPC starts on reasonable fear of harm—before injury occurs.
2. No time to seek help + fear of death/grievous hurt → defence may extend to causing death.
3. Proportionality is viewed in the moment of danger, not with calm hindsight.

Mnemonic + 3-Step Hook

Mnemonic: “Fear Starts the Shield.”

1. Fear: Reasonable apprehension triggers Section 102.
2. Starts: Defence begins before the blow lands.
3. Shield: If danger is deadly and urgent, defence can go up to causing death.

IRAC Outline

Issue: Murder liability or private defence under Section 102 IPC?

Rule: Right begins with reasonable apprehension of danger; can extend to causing death in grave, urgent threats with no time to seek help.

Application: Mob breaking doors and looting; family inside; immediate danger; no time for authorities → reasonable apprehension present.

Conclusion: Act covered by private defence; not murder.

Glossary

Reasonable Apprehension

A practical, sensible fear of harm that a person in those circumstances would feel.

Grievous Hurt

Serious bodily injury defined under IPC, higher than simple hurt.

Proportionality

Defensive force should match the threat as seen in the moment.

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