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Penal Code

The document outlines the right of private defence of the body and property under Indian law. It states that every person has the right to defend their own or another person's body from harm, as well as defend property from theft, robbery, or criminal trespass. However, there is no right of private defence against acts done by public servants acting in good faith or under the direction of public servants. The right of private defence also does not extend to causing more harm than necessary for defence purposes.

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Vance Kang
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38 views2 pages

Penal Code

The document outlines the right of private defence of the body and property under Indian law. It states that every person has the right to defend their own or another person's body from harm, as well as defend property from theft, robbery, or criminal trespass. However, there is no right of private defence against acts done by public servants acting in good faith or under the direction of public servants. The right of private defence also does not extend to causing more harm than necessary for defence purposes.

Uploaded by

Vance Kang
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
Download as pdf or txt
Download as pdf or txt
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Right of private defence of the body and of property

97. Every person has a right, subject to the restrictions contained in section 99, to
defend —
(a) his own body, and the body of any other person, against any offence
affecting the human body;
(b) the property, whether movable or immovable, of himself or of any other
person, against any act which is an offence falling under the definition of
theft, robbery, mischief or criminal trespass, or which is an attempt to
commit theft, robbery, mischief or criminal trespass.
[Indian PC 1860, s. 97]

Acts against which there is no right of private defence


99.—(1) There is no right of private defence against an act which does not reasonably
cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a
public servant acting in good faith under colour of his office, though that act may not be
strictly justifiable by law.
(2) There is no right of private defence against an act which does not reasonably
cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by
the direction of a public servant acting in good faith under colour of his office, though
that direction may not be strictly justifiable by law.
(3) There is no right of private defence in cases in which there is time to have
recourse to the protection of the public authorities.

Extent to which the right may be exercised


(4) The right of private defence in no case extends to the inflicting of more harm than
it is necessary to inflict for the purpose of defence.
Explanation 1.—A person is not deprived of the right of private defence against an act done, or
attempted to be done, by a public servant, as such, unless he knows, or has reason to believe, that the
person doing the act is such public servant.
Explanation 2.—A person is not deprived of the right of private defence against an act done, or
attempted to be done, by the direction of a public servant, unless he knows, or has reason to believe,
that the person doing the act is acting by such direction; or unless such person states the authority under
which he acts, or, if he has authority in writing, unless he produces such authority, if demanded.

[Indian PC 1860, s. 99]

When the right of private defence of the body extends to causing death
100. The right of private defence of the body extends, under the restrictions

Singapore Statutes Online Current version as at 13 May 2019 PDF created date on: 13 May 2019
mentioned in section 99, to the voluntary causing of death or of any other harm to the
assailant, if the offence which occasions the exercise of the right is of any of the
following descriptions:
(a) such an assault as may reasonably cause the apprehension that death will
otherwise be the consequence of such assault;
(b) such an assault as may reasonably cause the apprehension that grievous
hurt will otherwise be the consequence of such assault;
(c) an assault with the intention of committing rape;
(d) an assault with the intention of committing non-consensual penile
penetration of the anus;
(e) an assault with the intention of kidnapping or abducting;
(f) an assault with the intention of wrongfully confining a person, under
circumstances which may reasonably cause him to apprehend that he will
be unable to have recourse to the public authorities for his release.
[51/2007]
[Indian PC 1860, s. 100]

Commencement and continuance of the right of private defence of the body


102. The right of private defence of the body commences as soon as a reasonable
apprehension of danger to the body arises from an attempt or a threat to commit the
offence, though the offence may not have been committed; and it continues as long as
such apprehension of danger to the body continues.
[Indian PC 1860, s. 102]

Singapore Statutes Online Current version as at 13 May 2019 PDF created date on: 13 May 2019

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