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Q.

INDIAN LAW QUESTION: Suppose a Jawan intervenes to help out a girl who is getting beat up by moral police thugs but ends up opening fire and killing the thugs but saving the girl...would the Jawan be vulnerable to any IPC for a legal case like assault / murder against him- even if it was a bunch of thugs beating up girl?

Tags: girl, relationships, law
Asked by A Moin, 21 Apr '10 07:20 pm
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Answers (6)

1.

Okay. Let me take it that you mean a combatant from Armed Forces controlled by Min. of Defence and not a jawan from those corps like Assam Rifles, ITBP etc. You also imply that the combatant is in a battle gear and stationed with a specific instructions. In that case, he won't shoot unless he or his group is shot at (Single soldier is never found on any post despite all cinemas you have watched). And let me tell you all that the question is not hypothetical at all. Long ago, I have been a mute witness while serving with UN peace keeping force (Not in India, Africa), our group had seen so much of atrocity being perpetrated and we had to simply shirk and move away. Although we could not understand the language, we could easily understand the abuse that was being hurled towards us. Normally, the Civil administration should never bring in combat soldiers (they have no idea of law, rules, regulations etc unlike uniformed men of CISF, CRPF, ITBP etc.). to redress law and order. And if brough ...more
Answered by Chandra sekhar Krishnan, 23 Apr '10 03:32 pm

 
  
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2.

This question is an hypothetical one and we need to understand from which perspective it is.
Our law (it is blind to all the hypothesis), Our judicial system works on arguments based upon facts and evidences.
Indian judicial and Military system has some procedures and rules that are one of the best in the world other than the implementation of the law.
Killing all the so called thugs untill proven they are thugs is itself a serious offence. And to see how much the killer is punished or acquitted depends upon the arguments and evidences that are to be produced in the court. We just cannot assume that the perpetrators were thugs untill proven by the past records.
Ultimately if it is proven that there was no alternative other than than killing thugs than the Your Highness the judge will definitely give punishment but if also consider the other aspects and the punishmnet would vary as per the evidences are put. The army and our judicial system are mature enough for better handling of ...more
Answered by satishraj medapatla, 23 Apr '10 03:14 pm

 
  
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3.

Yes. He has got no business to open fire, in a civilian area.
He may threaten the thugs witha weapon, but not actually use it.
As a an armyman he knows the rules,that civilian law is supreme,
when the country is not in a state of war..
Answered by mohanbirsingh ghura, 21 Apr '10 07:25 pm

 
  
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4.

He will be prosecuted to the fullest army laws,, as it prohibits him to use his artillery for public use,, nd then civil law can look in the gravity of the crime
Answered by conviction, 21 Apr '10 07:25 pm

 
  
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5.

Even if u do it ,, u wil will be prosecuted per law,,law is meant to be followed not to be broken
Answered by gaurav singh, 21 Apr '10 07:24 pm

 
  
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6.

As per law, I think Jawan cant do anything. But at the same time, the concerned girl can use Jawans Gun etc to kill the Moral policing people.
Self defence keliye, she is not guilty
Answered by hitler, 21 Apr '10 07:24 pm

 
  
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