L4 Right of Private Defence under Indian Penal Code

Every person has right to defend:

1. his own body or other's body against offences aaffecting human body

2. any property , movable or immovable, of himself or any other person against offence of or attempt to commit offence of Theft, Robbery, Mischief or Criminal Trespass.

This defence is also available against an act of person of unsound mind, intoxicated person or child below the age of 7 years. But, the defence must not be out of proportion with the threat. If A is threatens B to slap him , B can't shoot him under this right to protect himself.

But the exercise of this right has some exceptions:

1. if a public servant under the colour of his office or on his direction any other person, in good faith is rightly performing his duties. But, if there is fear of death or grievous hurt or the public servant is not acting under the colour of his office or there is genuine doubt that whether the person is public servant or not, the right of private defence is allowed in such cases.

Suppose, a police officer comes to arrest you on an arrest warrant. You can't apply right of private defence in this case. But if the police comes to arrest and you are afraid that they would do your encounter. In that case, you can exercise this right. It often happens that at airports custom officials often perform surprise check ups of luggage. On a genuine misconception of identity of the official, the person may exercise this right.

2. If there is time to recourse to public authorities, the person can't exercise this right of private defence. Suppose A threatens to kill B after 5 days. Here, B can't exercise right of private defence as he can take help of police before the attack by A.

In certain circumstances, a person can cause even death under the right of private defence. For the cases of private defence of body such circumstances are:

1. an assault where there is reasonable apprehension of death or grievous hurt,

2. an assault with the intention of committing rape or gratifying unnatural lust (homosexuality)

3. an assault with the intention of kidnapping or abducting or for wrongfully confining a person to prevent him from taking recourse to public authorities for his release.

4. an act of throwing or attempting to throw acid causing apprehension of grievous hurt.

In cases of private defence of property, such circumstances are:

1. robbery;

2. house-breaking by night;

3. 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;

4. 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.

So, these are the cases where one can cause even death in exercise of private defence of body and of property. But such cases have to be proved to the ultimate satisfaction of the court. The exercise of private defence must be in proportion to the threat of injury. Thus, these circumstances have been explicitly mentioned in the Indian Penal Code.

Knowledge should not be misused. The knowledge imparted in this article should be used to protect oneself.