Indian Penal Code, 1860 : Right of Private Defence—Important for Upcoming Exams
| 1 | The right of self-help or private defence is human instinct and is recognized under criminal law. The provisions relating to right of private defence are dealt with under Sections—Sections 96 to 106 |
| 2 | Nothing is an offence which is done in the exercise of the right of private defence. It is so declared under Section—Section 96 |
| 3 | True/ False: Only citizens have right to private defence of body and property—False |
| 4 | Every person has a right of private defence of the body and the property under Section—Section 97 |
| 5 | True/ False: The right of private defence of the body and the property is available for own body or property and for the body/ property of another person—True (See Section 97) |
| 6 | The right of private defence is preventive and not punitive or retributive. The right of private defence is not an absolute right and is subject to certain restrictions/ लक्ष्मण रेखा imposed under Section—Section 99 |
| 7 | Whether right of private defence is available against attack due to misconception—Yes. [Right of private defence is also available against—(a) the youth, (b) unsound person, (c) the person of immature understanding (d) intoxicated person (e) attack due to misconception. It is so declared under Section—Section 98] |
| 8 | As per Section 99 of the IPC, there is no right of private defence in the following conditions—
(a) Act of Public Servant—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. (b) Time Available for Recourse to Public Authorities—There is no right of private defence in cases in which there is time to have recourse to protection of the public authorities. |
| 9 | 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. |
| 10 | Which Section of IPC declares for causing death in private defence for the specified apprehended casualties —Section 100 |
| 11 | When Death Justifiable in Private Defence to Body?—When there is reasonable apprehension of—[DGR-RUKWA/ डी.जी.आर.-रुकवा] [Section 100]
(a) Death (b) Grievous Hurt (c) Rape (d) Unnatural Lust (e) Kidnapping/ Abduction (f) Wrongful Confinement (g) Acid Attack (added by 2013 amendment) |
| 12 | A person while exercising right of private defence to body, subject to restrictions u/s 99 and except for offences enumerated under Section 100, has right to cause any harm other than death. It is so declared under Section—Section 101 |
| 13 | Starting and Vanishing Point of Private Defence for Body (Section 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. |
| 14 | When Death Justifiable in Private Defence to Property? (Section 103)—When there is reasonable apprehension of—
(a) Robbery; (b) House-breaking by night; (c) 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; (d) Theft, mischief, or house-trespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence |
| 15 | A person while exercising right of private defence to property, subject to restrictions u/s 99 and except for offences enumerated under Section 103, has right to cause any harm other than death. It is so declared under Section—Section 104 |
| 16 | Commencement and continuance of the right of private defence of property has been dealt with under Section—Section 105 |
| 17 | The right of private defence of property commences when— a reasonable apprehension of danger to the property commences [Section 105.1] |
| 18 | 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. [Section 105.2] |
| 19 | 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[Section 105.3] |
| 20 | 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 [Section 105.4] |
| 21 | 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 house-breaking continues [Section 105.5] |
| 22 | Whether Harm to Innocent Person may be caused in Private Defnece—While exercising right of private defence when there is 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. It is so declared under Section—Section 106 |
| 23 | 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. A’s action is protected under Section—Section 106 |
Prepared by team LegalMines. Typographical error, if any, is inadvertent. Copyright of contents and style is with the LegalMines.
