Right of Private Defence
CRIMINAL LAW PROJECT CONTENTS
I. INTRODUCTION
II. SECTION 96: THINGS DONE IN PRIVATE DEFENCE
i. Private defence: Object ii. Right of private defence iii. Scope
III. SECTION 97: RIGHT OF PRIVATE DEFENCE OF THE BODY AND OF PROPERTY
i. Right under this section essentially a defensive right ii. Right of private defence not available to aggressors iii. No private defence in free fight iv. Right of private defence not available against lawful acts
v. Unlawful assembly and private defence
IV. SECTION 98: RIGHT OF PRIVATE DEFENCE AGAINST THE ACT OF A PERSON OF UNSOUND MIND
i. Plea of self-defence ii. Burden of proof
V. SECTION 99: ACTS AGAINST WHICH THERE IS NO RIGHT OF PRIVATE DEFENCE
i. Principle ii. Scope iii. Acts of public servant iv. Time to have recourse to the protection of the public authority
VI. SECTION 100: WHEN THE RIGHT OF PRIVATE DEFENCE OF THE BODY EXTENDS TO CAUSING DEATH
i. Right of private defence to cause death ii. Ingredient iii. Apprehension of death or grievous hurt cases VII. SECTION 101: WHEN SUCH RIGHT EXTENDS TO CAUSING ANY HARM OTHER THAN DEATH
VIII. SECTION 102: COMMENCEMENT AND CONTINUANCE OF THE RIGHT OF PRIVATE DEFENCE
IX. SECTION 103: WHEN THE RIGHT OF PRIVATE DEFENCE OF PROPERTY EXTENDS TO CAUSING DEATH
X. SECTION 104: WHEN SUCH RIGHT EXTENDS TO CAUSING ANY HARM OTHER THAN DEATH
XI. SECTION 105: COMMENCEMENT AND CONTINUANCE OF THE RIGHT OF PRIVATE DEFENCE OF PROPERTY
XII. SECTION 106: RIGHT OF PRIVATE DEFENCE AGAINGT DEADLY ASSAULT WHEN THERE IS RISK OF HARM TO INNOCENT PERSON
XIII. RECNET DEVELOPMENT IN THE AREA OF PRIVATE DEFENCE
XIV. CONCLUSION
XV. BIBLIOGRAPHY
I. INTRODUCTION
II. SECTION 96: THINGS DONE IN PRIVATE DEFENCE
i. Private defence: Object ii. Right of private defence iii. Scope
III. SECTION 97: RIGHT OF PRIVATE DEFENCE OF THE BODY AND OF PROPERTY
i. Right under this section essentially a defensive right ii. Right of private defence not available to aggressors iii. No private defence in free fight iv. Right of private defence not available against lawful acts
v. Unlawful assembly and private defence
IV. SECTION 98: RIGHT OF PRIVATE DEFENCE AGAINST THE ACT OF A PERSON OF UNSOUND MIND
i. Plea of self-defence ii. Burden of proof
V. SECTION 99: ACTS AGAINST WHICH THERE IS NO RIGHT OF PRIVATE DEFENCE
i. Principle ii. Scope iii. Acts of public servant iv. Time to have recourse to the protection of the public authority
VI. SECTION 100: WHEN THE RIGHT OF PRIVATE DEFENCE OF THE BODY EXTENDS TO CAUSING DEATH
i. Right of private defence to cause death ii. Ingredient iii. Apprehension of death or grievous hurt cases VII. SECTION 101: WHEN SUCH RIGHT EXTENDS TO CAUSING ANY HARM OTHER THAN DEATH
VIII. SECTION 102: COMMENCEMENT AND CONTINUANCE OF THE RIGHT OF PRIVATE DEFENCE
IX. SECTION 103: WHEN THE RIGHT OF PRIVATE DEFENCE OF PROPERTY EXTENDS TO CAUSING DEATH
X. SECTION 104: WHEN SUCH RIGHT EXTENDS TO CAUSING ANY HARM OTHER THAN DEATH
XI. SECTION 105: COMMENCEMENT AND CONTINUANCE OF THE RIGHT OF PRIVATE DEFENCE OF PROPERTY
XII. SECTION 106: RIGHT OF PRIVATE DEFENCE AGAINGT DEADLY ASSAULT WHEN THERE IS RISK OF HARM TO INNOCENT PERSON
XIII. RECNET DEVELOPMENT IN THE AREA OF PRIVATE DEFENCE
XIV. CONCLUSION
XV. BIBLIOGRAPHY
Bibliography: 1. PSA Pillai’s Crimial Law, 9th edn (ed Suresh V and Nagasaila D), Butterworths India, New Delhi, 2000 2. PSA Pillai’s Criminal Law, Dr KI Vibhute (ed), 10th edn, LexisNexis Butterworths, New Delhi, India, 2008 3. Ratanlal and Dhirajlal The Indian Penal Code, J. Y.V. Chandrachud and V.R. Manohar (ed), 30th edn, Wadhwa & Company Nagpur, New Delhi, India, 2007 4. http://www.legalserviceindia.com/article/l470-Private-Defence.html 5. Gaur, K.D., Indian Penal Code, 3rd edn., Universal Law Publishing Co., Delhi, 2008 6. Gandhi, B.M, Indian Penal Code, 2nd ed., Eastern Book Company, Lucknow, 2006 7. Tandon, Mahesh Prasad, Indian Penal Code, Allahabad Law Agency, Faridabad, 2006 8. http://indialawyers.wordpress.com