Of the Right of Private Defence

Things done in private defence.

96. Nothing is an offence which is done in the exercise of the right of private defence.

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
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First. - His own body, and the body of any other person, against any offence affecting the
human body;
Secondly - The property, whether moveable or immoveable, 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.

Right of Private defence against the act of a person of unsound mind, etc.
98. When an act, which would otherwise be a certain offence, is not that offence by reason of
the youth, the want of maturity of understanding, the unsoundness of mind, or the intoxication
of the person doing that act, or by reason of any misconception on the part of that person, every
person has the same right of private defence against that act which he would have if the act
were that offence.
Illustrations
(a) Z, under the influence of madness, attempts to kill A; Z is guilty of no offence. But A has
the same right of private defence which he would have if Z were sane.
(b) A enters by night a house which he is legally entitled to enter. Z, in good faith, taking A for
a house-breaker, attacks A. Here Z, by attacking A under this misconception, commits no
offence, But A has the same right of private defence against Z, which he would have if Z were
not acting under that misconception.
Acts against which there is no right of private defence.
99. 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.
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.
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.
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.
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 mentioned in the
last preceding section, to the voluntary causing of death or of any other harm to the assailant,
if the offence which occasions the exercise of the right be of any of the descriptions hereinafter
enumerated, namely:–
First. - Such an assault as may reasonably cause the apprehension that death will otherwise be
the consequence of such assault;
Secondly. - Such an assault as may reasonably cause the apprehension that grievous hurt will
otherwise be the consequence of such assault;
Thirdly. - An assault with the intention of committing rape;
Fourthly. - An assault with the intention of gratifying unnatural lust;
Fifthly. - An assault with the intention of kidnapping or abducting;
Sixthly. - 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.

When such right extends to causing any harm other than death.
101. If the offence be not of any of the descriptions enumerated in the last preceding section,
the right of private defence of the body does not extend to the voluntary causing of death to the
assailant, but does extend, under the restrictions mentioned in section 99, to the voluntary
causing to the assailant of any harm other than death.
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 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.

When the right of private defence of property extends to causing death.

103. The right of private defence of property extends, under the restrictions mentioned in
section 99, to the voluntary causing of death or of any other harm to the wrong-doer, if the
offence, the committing of which, or the attempting to commit which, occasions the exercise
of the right, be an offence of any of the descriptions hereinafter enumerated, namely:
First. - Robbery;
Secondly. - House-breaking by night;
Thirdly. - Mischief by fire committed on any building, tent or vessel, which building, tent or
vessel is used as a human dwelling or as a place for the custody of property;
Fourthly. - Theft, mischief or house-trespass, under such circumstances as may reasonably
cause apprehension that death or grievous hurt will be the consequence if such right of private
defence is not exercised.

When such right extends to causing any harm other than death.
104. If the offence, the committing of which, or the attempting to commit which, occasions the
exercise of the right of private defence, be theft, mischief or criminal trespass, not of any of the
descriptions enumerated in the last preceding section, that right does not extend to the voluntary
causing of death, but does extend, subject to the restrictions mentioned in section 99, to the
voluntary causing to the wrong-doer of any harm other than death.
Commencement and continuance of the right of private defence of property.
105. The right of private defence of property commences when a reasonable apprehension of
danger to the property commences. The right of private defence of property against theft
continues till the offender has effected his retreat with the property, or either the assistance of
the public authorities is obtained or the property has been recovered.

The right of private defence of property against robbery continues as long as the offender
causes or attempts to cause to any person death or hurt or wrongful restraint, or as long as the
fear of instant death or of instant hurt or of instant personal restraint continues.

The right of private defence of property against criminal trespass or mischief continues as long
as the offender continues in the commission of criminal trespass or mischief.

The right of private defence of property against house-breaking by night continues as long as
the house-trespass which has been begun by such housebreaking continues.
Right of private defence against deadly assault when there is risk of harm to innocent
person.
106. If in the exercise of the right of private defence against an assaults which reasonably
causes the apprehension of death, the defender be so situated that he cannot effectually exercise
that right without risk of harm to an innocent person, his right of private defence extends to the
running of that risk.
Illustration
A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of
private defence without firing on the mob, and he cannot fire without risk of harming young
children who are mingled with the mob. A commits no offence if by so firing he harms any of
the children.