An analysis of the law relating to the right of private defence in India with special reference to retreat rule in America

Pages: 231-233
Neeraj Malik (Department of Law, Kurukshetra University, Kurukshetra, Haryana)

Someone is threatening you with imminent and deadly force. You could safely retreat from the threat but you choose, instead, to stand your ground and meet force by force. In doing so, you kill the aggressor. Are you guilty of murder in America? In most of the United States, the answer is no. By statute, court rulings, or a combination of both, more than thirty states have adopted a ‘stand your ground’ i.e., no retreat rule which bars the prosecution of people who use deadly force against a deadly aggressor without first attempting to retreat, or offers such persons a valid self- defence claim against a charge of criminal homicide. By contrast, a minority of states enforce a retreat requirement under which a defendant may not successfully claim self- defence if the defendant could have safely retreated, but did not, before using deadly force against a deadly attacker.