Right of Private Defence

Indian Penal Code,1860

1. Right of Private Defence Bhargav Dangar Law of Crimes – I.P.C. Roll No. 22

2. Nothing is an offence which is done in the exercise of the right of Private Defense. Section 96 – 106 of the Penal Code specifies Private Defence as a right. The right of private defense is absolutely necessary for the protection of one’s life. Right to private defense

3. Right of private defense against the act of a person of unsound mind. The right of private defense exist against an act would be an offence, but is not an offence because of: a) Reason of youth b) Want of maturity of understanding c) Unsoundness of mind d) Intoxication on the part of the person committing the offence e) Any misconception of fact Section 98

4. There is no right of private defense i. against an act which does not reasonably cause the apprehension of the death/grievous hurt. ii. If done/attempt 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) Section 99