PART I
GENERAL PROVISIONS
CHAPTER IV
GENERAL RULES AS TO CRIMINAL RESPONSIBILITY
18. Defence of person or property Act No. 14 of 1980 s. 6
Subject to the provisions of section 18A, a person is not criminally liable for an act done in the exercise of the right of self defence or the defence of another or the defence of property in accordance with the provisions of this Code.
18A. The right of defence Act No. 14 of 1980 s. 7
(1) Subject to the provisions of this Code every person has the right—
(a) to defend himself or any other person against any unlawful act or assault or violence to the body ; or
(b) to defend his own property or any property in his lawful possession, custody or under his care or the property of any other person against any unlawful act of seizure or destruction or violence.
(2) In this section, the expression "property of any other person" includes any property belonging to the Government or a public corporation or an employer or any property communally owned by members of the public as a co-operative society or a village, whether or not that village is registered under the Local Government (District Authorities) Act.
18B. Use of force in defence Act No. 14 of 1980 s. 7
(1) In exercising the right of self defence or in defence of another or in defence of property, a person shall be entitled to use only such reasonable force as may be necessary for that defence.
(2) A person shall be criminally liable for any offence resulting from excessive force used in self defence or in defence of another or in defence of property.
(3) Any person who causes the death of another as the result of excessive force used in defence, commits an offence of manslaughter.
18C. When the right of defence extends to causing death Act. No. 14 of 1980 s. 7
(1) The right of self defence or the defence of another or defence of property shall extend to a person who, in exercising that right, causes death or grievous harm to another and the person so acting, acts in good faith and with an honest belief based on reasonable grounds that his act is necessary for the preservation of his own life or limb or the life or limb of another or of property, in the circumstances where—
(a) the lawful act is of such a nature as may reasonably cause the apprehension that his own death or the death of another person could be the consequence of that act ;
(b) the lawful act is of such a nature as may reasonably cause the apprehension that grievous harm to his own body or the body of another could be the consequence of that unlawful act ;
(c) the unlawful act is with the intention of committing rape or defilement or an unnatural offence ;
(d) the unlawful act is with the intention of kidnapping or abducting ; or
(e) the unlawful act is burglary or robbery or arson or any offence which endangers life or property.
(2) If in the exercise of a right of defence in accordance with this Code, the person exercising that right is in such a situation that he cannot effectively exercise that right without risk of harm to an innocent person or property, his right of defence extends to the running of that risk.
Self-defence - national proceedings
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