ABSTRACT
This chapter refers to the private defence provisions in Macaulays draft Code as Macaulay's private defence for convenience. Macaulay's definition of the right of private defence has been remarkably stable over time, having remained intact and unamended since the inception of the Indian Penal Code (IPC). Macaulays drafting of the Code occurred when there was a move towards a more centralised and effective government by the British colonial authorities. Macaulay's original draft noted that such recourse should be done in the manner indicated in the Code of Criminal Procedure. The defenders argued that they had the right to use defensive force against the victims without first seeking recourse from the public authorities. A number of common law jurisdictions similarly require threats to be imminent. On the one hand, judicial developments such as the imminence rule and the proportionality requirement indicate a rights-based approach to private defence by insisting on consideration being given to the aggressor's rights.
