Year: 2025
Type: article
Abstract: This study addresses the legal concept of self-defence from the standpoint of national law, with a particular focus on how it relates to challenges to impending necessity. Another purpose of this research is to show how the "condition of imminence" emphasizes the political component of the self-defence concept, which asserts that private force should only be used when institutional protection is unavailable. This research paper shows how to utilize a rights-based argument to support both the broad and narrow scope of the right to self-defence. This study will also be essential for protecting a used substitute for proving need. To ensure that defensive force is used only when national authorities are unable to prevent illegal aggression and is not overused or exploited, it must be demonstrated that the components of imminence, need, and proportionality is inextricably linked.
Author: Nitin Gahlot
Institution: Shri Venkateshwara University
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7083497845
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