Private Defence- Under IPC Section 96to100,103

The Right of Private Defence

The Right of Private Defence – IPC Section 96, 97, 98, 100, 103, and the concept of private defence are explored in this comprehensive article authored by adv. Akshita Kumawat. The article delves into the protection of one’s body and property through the legal provisions outlined in Sections 96 to 106 of the Indian Penal Code.

Table of Contents

1. Introduction
2. Understanding Private Defence
3. Legal Significance of Private Defence
4. Right of Private Defence for self-defense
5. Determining the Limits of Self-Defence Resulting in Fatality
6. Right of Private Defence for Safeguarding Property
7. Extending the Right of Private Defence to Counteracts by Individuals with Mental Impairment
8. Noteworthy Case Study

By exploring these sections and topics, this article provides an in-depth analysis of the right of private defence in Indian law.”

Introduction

The concept of the right of defence entails that every individual possesses the inherent right to preserve their own life. The targeted person has the right to defend themselves if anybody threatens them or makes an attempt to endanger their life. This right of self-preservation allows individuals to employ reasonable force in order to safeguard their lives. Notably, the legal framework recognizes the use of reasonable force to safeguard the life of others as an aspect of ‘self-defence’.

Definition of private defence

In India, every citizen possesses the entitlement to protect their own life and property.

Private defense includes any measures taken to preserve one’s own life, another person’s life, or one’s property.
Every human being has the unalienable right to life, as well as the responsibility to protect that life.
The right to self-defense is also known as private defense.

Significance of private defence in the legal system

The right to self defence is granted to every individual as a means to protect their life. Consequently, actions undertaken for personal safety are exempted from criminal liability under sections 96 to 106 of the Indian Penal Code. These sections provide comprehensive details regarding the legal provisions pertaining to the right of private defence.

As per Section 96 of the Indian Penal Code, any act performed for personal safety is not considered an offense. In simple terms, any action carried out within the ambit of the right of private defence cannot be deemed a criminal act.

Right of private defence of body

According to Section 97 Every person has the right, subject to the limitations provided in section 99 of the Indian Penal Code, to protect their own person and the person of others from any conduct that may cause harm to the human body.

Right of self defence of the Human body extend to causing death?

According to section 100 of the Indian Penal Code, the right of private defence of the body, in accordance with the rules specified in the preceding section, includes situations where the assailant voluntarily causes death or inflicts hurt while committing an offense falling under the following categories:

1. Assault that instills a reasonable fear of death.
2. An attack likely to result in grievous hurt.
3. Assault with the intent to commit rape.
4. An assault involving unnatural sexual acts.
5. An assault committed to abduct or kidnap.
6. Unlawful confinement that leads a person to believe they cannot seek assistance from public authorities.
7. Throwing or attempting to throw acid, causing a reasonable fear of grievous hurt (Criminal Laws (Amendment) Act, 2013).

In such cases where the aforementioned apprehensions arise, the right of self defence can extend to causing death. This right persists as long as the threat remains imminent.

Right of private defence of property

Any act that constitutes theft, robbery, mischief, criminal trespass, or an attempt to do so is grounds for the right to defend one’s own or another person’s moveable or immovable property, according to section 97 of the Indian Penal Code.

the right of private defence of property extend to causing death?

Section 103 of the Indian Penal Code stipulates that the right to safeguard one’s property may extend to causing the death of the offender if the act, excluding the provisions of section 99, involves or attempts to involve any of the following:

1. Looting
2. Housebreaking at night
3. Causing damage by fire
4. Theft, mischief, or trespass under circumstances that may result in death or grievous hurt if the right of private defence is not exercised.

This right remains valid as long as the apprehension of such danger persists.

Right of private defence against that acts which is done by a person who is unsound mind.

In accordance with section 98 of the Indian Penal Code, a person has the same right to a private defense against an act that they would not have committed if they had been of sound mind.