'Self-defence - national proceedings' in document 'Ghana - Criminal Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART II—OFFENCES AGAINST THE PERSON

CHAPTER 1—JUSTIFIABLE FORCE AND HARM

Section 31—Grounds on which Force or Harm May be Justified.

Force may be justified in the cases and manner, subject to the conditions, hereinafter in this Chapter mentioned, on the ground of any of the following matters, namely—

(g) necessity for defence of property or possession or for overcoming the obstruction to the exercise of lawful rights ;

PART II—OFFENCES AGAINST THE PERSON

CHAPTER 1—JUSTIFIABLE FORCE AND HARM

Section 39—Use of Force for Defence of Property or Possession or Overcoming Obstruction of Legal Right.

A person may justify the use of force for the defence of property or possession, or for overcoming and obstruction to the exercise of any legal right, as follows—

(a) a person in actual possession of a house, land, or vessel, or goods, or his servant or any other person authorised by him, may use such force as is reasonably necessary for repelling a person who attempts forcibly and unlawfully to enter the house, land, or vessel, or to take possession of the goods ;
(b) a person in actual possession of a house, land, or vessel, or his servant or any other person authorised by him, may use such force as is reasonably necessary for removing a person who, being in or on the house, land, or vessel, and having been lawfully required to depart therefrom refuses to depart ;
(c) if a person wrongfully takes possession of or detains goods, any other person who, as against him, has a present right to the possession of them, may, upon his refusal to deliver up the goods on demand, use such force, by himself or by any other person, as is reasonably necessary for recovering possession of the goods ; and
(d) a person may use such force, as is reasonably necessary for overcoming any obstruction or resistance to the exercise by him of any legal right.