Supreme Court of India · 1987-04-14
STATE OF U.P. vs NIYAMAT & ORS.
- Citation / case number
- SC 1978/90435
- Court
- Supreme Court of India
- Petitioner
- STATE OF U.P.
- Respondent
- NIYAMAT & ORS.
- Author
- G.L. OZA
- Bench
- G.L. OZA
Judgment text excerpt
The Supreme Court upheld the High Court's acquittal of the respondents, stating that their actions were justified under the right of private defence as per Sections 97 and 99 of the Indian Penal Code. The Court found that the police's arrest of the suspect was unlawful, and the respondents acted to rescue him, which created a reasonable apprehension of death or grievous hurt when the constables fired shots. The Court concluded that the respondents were not part of an unlawful assembly and were entitled to use force in self-defence, thereby dismissing the State's appeal.