Self Defence Laws Guard People and Property

The right of private defence is an armament to the citizens of India for their self-defence. It is the court’s duty to make sure that the right is exercised in good faith

It is the primary duty of the state to protect its citizens from any harm. But circumstances may arise where help from the state is not available, or the state cannot protect a citizen against imminent peril or detriment.

In such a situation, a citizen is vested with rights by the state to use force to fend off immediate trouble to his or someone else’s property or person.

Every country should give its citizens the right of self defence to cover his life, liberty and property.

In India, Sections 96 to 106 of Indian Penal Code (IPC) 1860, provides for rights relating to private defence of person and property.

These are as follows:

Statutory provision for self defence in India

Section 96 of Indian Penal Code

It explains that nothing is an offence which is done in the exercise of the right of private defence.

The right isn’t absolute but is easily qualified by Section 99, which says that the right in no case extends to inflicting further detriment than it is necessary for the purpose of defence.

Section 97 of Indian Penal Code

It addresses the right of private defence of the body and property. Each citizen has a right to defend himself, i.e., his body or the body of any other person. Also, he has the right to cover his property or additional property, whether portable or irremovable against an act which amounts to an offence of theft, thievery, mischief, or felonious trespass.

Section 98 of Indian Penal Code

It addresses the right of private defence against the act of a person of unsound mind, etc. The right of private defence also exists in cases that will not affect an offence owing to the want of maturity of understanding, the illness of mind or the intoxication of the person doing that act, or by reason of any misconception on behalf of the person.

Section 99 of Indian Penal Code

It limits the exercise of the right of private defence. It lays down the conditions under which the right of private defence has to be exercised or invoked. The first three clauses of Section 99 give that this right cannot be invoked when:

(a) A public servant acting in good faith exercises his legal duty not giving rise to a reasonable apprehension of death or grievous hurt.

(b) Any person acting by the direction of a public servant in good faith exercises his legal duty not giving rise to a reasonable apprehension of death or grievous hurt.

(c) Reasonable time exists to resort to the help of public authorities.

(d) There are reasonable grounds.

Section 100 of Indian Penal Code

It specifies seven situations in the exercise of the right to private defence of the body which extends to causing death. These are:

• Apprehension of death;
• Apprehension of grievous hurt;
• An assault with the intention of committing rape;
• An assault with the intention of gratifying unnatural lust;
• Assault having the intention of kidnapping or abducting;
• 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.

Section 101 of Indian Penal Code

It refers to the right of self-defence which extends to causing any detriment other than death. However, the right of self defence of the body doesn’t extend to the voluntary causing of death to the assailant but does extend to the voluntary causing to the assailant of any harm other than death.

Section 102 of Indian Penal Code

It deals with the inception and continuance of the right of self defence of the body. 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.

Section 103 of Indian Penal Code

It refers to the right of self defence of property that extends to causing death. The right of private defence of property also extends to death when freely caused, or if any detriment is caused in the form of an offence, such an offence is in the form of theft, house-breaking by night, mischief by fire committed on any structure, etc.

Section 104 of Indian Penal Code

It refers to the committing or trying to commit any offence that leads to the exercise of the right of self defence. Also, such a right does not extend to the voluntary causing of death, but extends to the voluntary causing to the wrong-doer of any harm other than death.

Section 105 of Indian Penal Code

It prescribes the inception and continuance of the right of private defence of property. The inception of the right of private defence of property takes place when a reasonable apprehension of peril to the property takes place.

Section 106 of Indian Penal Code

It refers to the private defence against lethal assault when there is a threat of harm to an innocent person. However, the protector cannot effectively exercise the right of private defence without the threat of harm to an innocent person. His right of private defence extends to the handling of that threat.

The right of private defence is an armament to the citizens of India for their self defence. It is the court’s duty to make sure that the right is exercised in good faith.