Right of Private Defence
Right of Private Defence
Right of Private Defence
According to Section 97 of IPC, there are two types of Right of private defence.
(i) Right of private defence of the body.
(ii) Right of private defence of property. The body may be one’s body or the body of another
person and like that property may be movable or immovable and may be of oneself or of
any other person. Self-help is the first rule of criminal law. The right of private defence is
absolutely necessary for all persons to protect one’s life, liberty and property from harm. It
is a right inherent in a man. But the amount of force is that a person can use at the time of
defence if regulated by the law and the person can take the law in his hands when there is
an apprehension of harm and the right can be extended when it causing to death of any
person or another person.
Section 96 of the IPC – Things are done in private defence Nothing is an offence which is
done in the exercise of the right of private defence.
The right of private defence cannot be an offence in return. The right of private defence is
not absolute under section 96 but is clearly qualified by section 99 which says that the right
of private defence in no case extends to the inflicting of more the harm than it is necessary
for the purpose of defence. In a free fight, no right of private defence is available to either of
the party.
Section 97 of the IPC- Right of private defence of the body and of property.
Every individual has a right to defend his body or the body of any other person from causing
any harm to the body of humans. If he has apprehension that anyone is going to harm his
body or any other person then he can take the right of private defence but it should be clear
that he can only use the necessary force against the assailant or the wrongdoer. He can only
exercise his right of private defence if there is an apprehension of death. Like the human
body, every individual has also the right of private defence of the property to protect the
property of himself or any other property.
Section 98 of the IPC- Right of private defence against the act of a person of unsound
mind, etc
This section means that the right of private defence is available against such assailant and
wrongdoer also who may be mentally incapacitated and because of which they themselves
may not be liable for any harm which they might cause. In other words, this section says
that the same right of private defence is available to one against another normal person is
also available against such other persons who may not be liable for their acts in view of the
fact that certain specific defences have been provided to them by the Indian Penal Code.
Such defences which fall under these are defences of infancy under section 82, want of
maturity of understanding under section 83, unsoundness of mind under section 84,
intoxication under section 85 and any misconception on the part of those persons under
sections 76 and 79 of the Code. The private defence law does not make a distinction
between a normal and a non-normal attacker on body or property of any person and in both
cases same the right is available to the defender.
Section 100 of the IPC- When the right of private defence of the body extends to causing
death
The right of private defence extends to the voluntarily causing of death or any other harm
to the wrong-doer if the offence which occasions the exercise of the right of any of the
following descriptions:
1. Such an assault may reasonably cause the apprehension of the death otherwise be the
consequence of such assault.
2. Such an assault may reasonably cause the apprehension of the grievous hurt otherwise
be the consequence of such assault.
3. An assault of committing rape.
4. An assault of gratifying unnatural lust.
5. An assault with the intension of kidnapping or abducting.
6. An assault of wrongfully confining a person.
Section 101 of the IPC – When such right extends to causing any harm other than death
Section 101 states that if the offence be not of any of the description enumerated in Section
100; the right of private defence of the body does not extend to the voluntary causing of
death to the assailant, but does extend to the voluntary causing to the wrongdoer of any
harm other than death. Thus, under this section, any harm short of death can be inflicted in
the exercise of the right of private defence in any case which does not fall in the provisions
of section 100.
Section 102 of the IPC – Commencement and continuance of the right of private defence
This section states that the right of private defence of the body commences as soon as a
reasonable apprehension of assault to the body arises from an attempt or threat to commit
the offence may not have been committed and it continues as long as such apprehension of
the body continues
Section 103 of the IPC – When the right of private defence of property extends to causing
death
This section states that the right of private defence of property enumerates those under
which the defender is entitled to cause even death of the wrong-doer while exercising the
right of private defence of property. The circumstances under which even death may be
caused have been enumerated under four clauses and the section clearly state that the right
is available where any of the offences mentioned under any of these clauses has either been
committed or attempted.
I. Robbery
II. Housebreaking by night
III. Mischief by fire, or its attempt, committed on any building, tent or vessel which is used
as a human dwelling, or as a place for the custody of property. Mischief has been defined
under section 425 of the code.
IV. Theft, mischief not covered under the previous clause, or house-trespass or their
attempts under such circumstances as may result in a reasonable apprehension in the mind
of the defender that grievous hurt or death will be the aftermath.
Section 104 of the IPC – When such right extends to causing any harm other than death
If the offence committing of which or attempting to commit which occasions the exercise of
the right of private defence, be theft, mischief, or criminal trespass, the right does not
extend, the voluntary causing of death but does extend to the voluntary causing to the
wrongdoer of any harm other than death.
Section 105 of the IPC - Commencement and continuance of the right of private defence
of property
Under this section, the right of private defence of property commences when a reasonable
the apprehension of assault to the property commences.
I. Against theft.
II. Against robbery continues as long as the offender causes or attempts to cause to any
person death, hurt or wrongful restrain or fear of instant death or instant hurt or instant
personal restrain continues. III. Against criminal trespass or mischief continues as the
offender continues in the commission of criminal trespass or mischief.
IV. Against house-breaking by night.
Section 106 of the IPC – Right of private defence against deadly assault when there is a
risk of harm to an innocent person
If in the exercise of the right of private defence against an assault which is reasonable
causes the apprehension of death, the defender eventually cannot exercise the right
without harm to an innocent person. His right of private defence can extend only to the
running of that risk.