VISHWANATH vs THE STATE OF UTTAR PRADESH

The Supreme Court held that the appellant had the right of private defence under Section 100 of the Indian Penal Code, which extends to causing death when protecting a relative from an unlawful assault. The Court clarified that the term 'abduction' in Section 100 does not require the act to be punishable under the Penal Code for the right of private defence to apply. The appellant's conviction under Section 304 Part II IPC was overturned as he did not inflict more harm than necessary in defense of his sister, and the previous ruling in Emperor v. Ram Saiya was overruled.