Potential Arguments We Can Use To Prove That Nihar Is Not Guilty of The Offence He Has Been Charged With

Potential arguments we can use to prove that Nihar is not guilty of the
offence he has been charged with...
1. Self-defense claim: Nihar went to Arjun's place in fear for his own safety, especially
after Arjun's threatening behaviour and his own admission of the illicit relationship
with Seema. The gun went off accidentally while Nihar attempted to prevent Arjun
from grabbing the envelope, indicating a lack of intent to kill.
2. Provocation: Nihar was provoked by Arjun's actions, including the illicit relationship
and Arjun's admission of not being serious about Seema. Nihar's emotional state was
severely affected, leading to a temporary loss of control, which can reduce the charge
to culpable homicide not amounting to murder under Section 304 of IPC.
3. Lack of motive: The prosecution's case is based on the assumption that Nihar killed
Arjun because of his relationship with Seema. However, there is no direct evidence to
support this claim. We can argue that Nihar had no motive to kill Arjun and that he
had reconciled with Seema about their relationship.
4. Lack of intention: Nihal being second in command of the Indian Navy ship i.e., the
Executive Officer could have easily accessed the weapon inventory and taken the gun
without any permission as such. Here, he took permission to carry a revolver along
with six rounds of cartridge for personal safety as he was going to Ahmednagar
during the nighttime. He went to Arjun’s office first and then to his place, no one
would go to someone’s office to kill that person leaving much evidence against
themselves, this shows his lack of intention to kill Arjun.
Legal provisions we can use:
Indian Penal Code, 1860:

Section 96 of the IPC states that "Nothing is an offence which is done in the exercise of the
right of private defense of the body or property of oneself or of another person, against the
actual commission of offence." This section provides a legal basis for self-defense defense.
Section 100 of the IPC states that "When a person is justified in using force in the exercise
of the right of private defense, he is justified in using any force which is necessary for the
purpose of defense, and is not justified in using any force which is excessive." This section
provides a guideline for determining whether or not the use of force was excessive.
Section 304A of the IPC deals with culpable homicide not amounting to murder. This
section could apply if the court finds that Nihar shot Arjun accidentally or without the
intention to kill.
Section 316 of the IPC deals with causing death by negligence. This section could apply if
Nihar's defense can show that he shot Arjun accidentally and without due care and attention.
If Nihar is convicted of this offence, he would face a lighter sentence than if he were
convicted of culpable homicide not amounting to murder or murder.
The Navy Act, 1957: (only if he was acting in the course of employment; if he was
wearing the uniform)
Section 83 of the Navy Act states that "Every person subject to naval law who uses force to
prevent the commission of an offence, or in order to apprehend an offender, or to prevent the
escape of an offender, or in order to maintain discipline, shall be justified in using such force
as may be reasonably necessary for such purpose, and shall not be guilty of any offence by
reason of having used such force." This section could provide a legal basis for the self-
defense defense, even if it is not clear that Arjun was committing an offence at the time of the
shooting.
The Navy Regulations, 1966: Regulation 84 of the Navy Regulations states that "Every
person subject to naval law shall use his best endeavours to prevent the commission of
offences, and to apprehend offenders, and to assist in the maintenance of discipline." This
regulation could be used to argue that Nihar was justified in using force to apprehend Arjun,
even if it is not clear that Arjun was committing an offence at the time of the shooting.

Potential Arguments We Can Use To Prove That Nihar Is Not Guilty of The Offence He Has Been Charged With

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Potential Arguments We Can Use To Prove That Nihar Is Not Guilty of The Offence He Has Been Charged With

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Potential arguments we can use to prove that Nihar is not guilty of the

offence he has been charged with...

Legal provisions we can use:

Indian Penal Code, 1860:

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