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    Penal code Presenttation

    Uploaded by

    Md Firoj Ahmed

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Penal code Presenttation

    Uploaded by

    Md Firoj Ahmed
    3 views2 pages

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    Copyright:

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    3 views2 pages

    Penal code Presenttation

    Uploaded by

    Md Firoj Ahmed

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    You are on page 1of 2

    Introduction :

    The law relating to the right of private defence is laid down in sections 96 to 106 of the Penal
    Code. An act done in the exercise of the right of private defence is not an offence.

    Classification of private defence :


    Private defence is two type-
    A) Right of private defence of the body.
    B) Right of private defence of property.

    Right of private defence of body :- The right of private defence is based on the principle that
    it is the first duty of man to help himself. The right of private cannot be used as a presence
    for justifying aggression for causing harm to another person nor for inflicting more harm than
    is necessary to inflict for the purpose of defence.

    Scope of that right:-


    According to section 97 and 100 provided the right of private defence of the body. Section
    97, His own body, and the body of any other person, against any offence affecting the
    human body and section 100.

    The right extends to causing death: - According to section 100 of the Penal code, When the
    right of private defence of the body extends to causing death;
    ● Apprehension of death.
    ● Apprehension of grievous hurt.
    ● Apprehension of rape.
    ● Apprehension of unnatural lust like
    homosexuality.
    ● Apprehension of kidnapping or abducting.
    ● Wrongful confining a person.

    Right of private defence of property:-


    The right of private defence of property which power gives section no 97 and 103 of the
    Penal Code-1860. The property, whether movable or immovable, of himself or of any other
    person, against any act which is an offence filling under the definition of thell, robbery,
    mischief or criminal trespass.

    Scope of that right:-


    The right of private defence is a very valuable right. It has a social purpose. That right
    should not be construed narrowly. The second clause of section 97 defines scope of the right
    of private defence of property, subject to the general limitations.
    Under section 103 of the Penal code, the right of private defence of property would extend to
    the causing of death; if theft. mischief or house trespass is done under the circumstances as
    may reasonably cause apprehension that death or grievous hurt would be the consequence,
    if the right of private defence is not exercised.

    The right extend to causing death :- According to the section 103 of the Penal Code, When
    the right of private defence of property extends to causing death-

    ● Robbery.
    ● House breaking at night.
    ● Mischief committed by fire in dwelling house
    ● Reasonably cause the apprehension of death.

    Now a question arise


    Having any restriction of use of private defence?
    Answer is yes
    There are some restrictions provided section 99 of the Penal code, 1860 for use of private
    defence.

    ● Public servant.
    ● Good faith.
    ● If opportunity to get help from a public servant or authority.

    Also have a question


    private defence and fundamental right are the same?
    No
    a) The right of private defence provided section 96 to 106 of the Penal Code-
    1860 while fundamental right is constitutional right provided article 26 to 47A.

    b) When a person facing any problem then he use the right of private defence, on
    the contrary, the fundamental right give a person use all the time

    c) The right of private defence sometime excluded but the fundamental right cannot
    excluded

    d) The right of private defence analysis some rules which a man use when he facing any
    problem but in case of fundamental right, a man use this right for
    establishing own right.

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