Supreme Court of India · 1964-09-22
RAM RATAN alias RATAN AHIR AND OTHERS vs THE STATE OF BIHAR AND ANOTHER
- Citation / case number
- SC 1963/14
- Court
- Supreme Court of India
- Petitioner
- RAM RATAN alias RATAN AHIR AND OTHERS
- Respondent
- THE STATE OF BIHAR AND ANOTHER
- Bench
- DAYAL, RAGHUBAR
Judgment text excerpt
The Supreme Court held that under Section 10 of the Cattle Trespass Act, 1871, a person who seizes cattle for causing damage to crops does not commit theft, even if mistaken about their right to the land. The Court clarified that mere seizure of cattle does not constitute theft as there must be dishonest intent, which was absent in this case. The Court ruled that the complainants had no right to use force to rescue the cattle, affirming the appellants' right to private defense under Section 97 IPC, and thus upheld the acquittal of the appellants.