CRIMINAL LAW PROJECT CONTENTS
SECTION 96: THINGS DONE IN PRIVATE DEFENCE
Private defence: Object
Right of private defence
SECTION 97: RIGHT OF PRIVATE DEFENCE OF THE BODY AND OF PROPERTY i.
Right under this section essentially a defensive right
Right of private defence not available to aggressors
No private defence in free fight
Right of private defence not available against lawful acts v.
Unlawful assembly and private defence
SECTION 98: RIGHT OF PRIVATE DEFENCE AGAINST THE ACT OF A PERSON OF UNSOUND MIND i.
Plea of self-defence
Burden of proof
SECTION 99: ACTS AGAINST WHICH THERE IS NO RIGHT OF PRIVATE DEFENCE i.
Acts of public servant
Time to have recourse to the protection of the public authority
SECTION 100: WHEN THE RIGHT OF PRIVATE DEFENCE OF THE BODY EXTENDS TO CAUSING DEATH i.
Right of private defence to cause death
Apprehension of death or grievous hurt cases
SECTION 101: WHEN SUCH RIGHT EXTENDS TO CAUSING ANY HARM OTHER THAN DEATH
SECTION 102: COMMENCEMENT AND CONTINUANCE OF THE RIGHT OF PRIVATE DEFENCE
SECTION 103: WHEN THE RIGHT OF PRIVATE DEFENCE OF PROPERTY EXTENDS TO CAUSING DEATH
SECTION 104: WHEN SUCH RIGHT EXTENDS TO CAUSING ANY HARM OTHER THAN DEATH
SECTION 105: COMMENCEMENT AND CONTINUANCE OF THE RIGHT OF PRIVATE DEFENCE OF PROPERTY
SECTION 106: RIGHT OF PRIVATE DEFENCE AGAINGT DEADLY ASSAULT WHEN THERE IS RISK OF HARM TO INNOCENT PERSON
RECNET DEVELOPMENT IN THE AREA OF PRIVATE DEFENCE
INTRODUCTION A state is under obligation to protect life, limb and property of its subjects. But no state, howsoever resourceful and organized it may be, will be in a position to depute a police man to every individual for protecting his body and property or to dog the steps of every person who unlawfully poses threat to body and property of others. A state can never extend its help to all at all times and in all cases. In such a situation, an individual, in pursuit of his basic instinct of self-preservation, will be forced to resort to all possible means at his command to protect himself and his property. He is neither expected to surrender nor to flee, but to hold his ground and to quell the imminent threat and to repel it. He is entitled to stay and overcome the threat. Obviously, he is expected to use force that is just required to counter the danger or until the state comes to rescue. An unrestricted right to defend will inevitably result into ‘might is right’ rule and thereby will create serious law and order problems. It, thus, intends to discourage cowardice and meek submission to aggression but at the same time does not encourage private warfare. Section 96, which declares that ‘nothing is an offence which is done in the exercise of the private defence’, lays down the general rule on the right of private defence, while section 97, which deals with the subject matter of the right of private defence of body and of property and lays down the extent of the right of private defence, proclaims that every person, subject to restrictions contained in section 99, has a right to defend his own body and the body of another persons, against offences affecting human body, and right to defend property of his and of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass. It lays...
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