THE PENAL CODE, 1860 (ACT NO. XLV OF 1860).

CHAPTER IV- GENERAL EXCEPTIONS

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

THE PENAL CODE, 1860 (ACT NO. XLV OF 1860).

CHAPTER IV- GENERAL EXCEPTIONS

97. Every person has a right, subject to the restrictions contained in section 99, to defend

Firstly.-His own body, and the body of any other person against any offence affecting the human body;

Secondly.-The property, whether moveable or immovable, 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.

THE PENAL CODE, 1860 (ACT NO. XLV OF 1860).

CHAPTER IV- GENERAL EXCEPTIONS

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.

THE PENAL CODE, 1860 (ACT NO. XLV OF 1860).

CHAPTER IV- GENERAL EXCEPTIONS

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:-

Firstly.-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.

THE PENAL CODE, 1860 (ACT NO. XLV OF 1860).

CHAPTER IV- GENERAL EXCEPTIONS

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.

THE PENAL CODE, 1860 (ACT NO. XLV OF 1860).

CHAPTER IV- GENERAL EXCEPTIONS

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.

THE PENAL CODE, 1860 (ACT NO. XLV OF 1860).

CHAPTER IV- GENERAL EXCEPTIONS

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:-

Firstly.-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;

THE PENAL CODE, 1860 (ACT NO. XLV OF 1860).

CHAPTER IV- GENERAL EXCEPTIONS

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.

THE PENAL CODE, 1860 (ACT NO. XLV OF 1860).

CHAPTER IV- GENERAL EXCEPTIONS

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 house-breaking continues.

THE PENAL CODE, 1860 (ACT NO. XLV OF 1860).

CHAPTER IV- GENERAL EXCEPTIONS

106. If in the exercise of the right of private defence against an assault 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.