PRIVATE DEFENCE

Introduction

It is the primary duty of the man to prevent him from danger. It is the duty of the state to provide their citizens with the right of self-defense. If anyone commits a criminal or illegal act against him, then he can take private defense. One cannot treat an act done in private defense as a criminal offense under the Indian Penal Code, 1860. Section 96 states that nothing is an offense which is done in exercise of the private defense. Moreover, one can exercise the right of private defense not only against human beings but also against the property.

Acts in which there is no right of private defense

The nature of the right of private defense is defensive and not offensive. It does not give the authority to the person to harm anyone. It encourages protecting oneself and other people in case of danger. Further, Section 99 of the act states certain circumstances where the right of private defense cannot be taken.

1. The public servant and against the acts of those acting under the authority or direction. The right of private defense cannot be exercised unless they are acting in good faith.
2.  Where there is sufficient time to reach the public authorities for help, the right of private defense cannot be implemented.
3. The ratio of harm by private defense shall not be in excess to what that is necessary for defense.

Private Defence and Death [In case of Human being]

Section 100 states that in certain circumstances the right of private defense can be exercised. While exercising it voluntarily death or any other harm can also be inflicted. These circumstances are:

1. Such an act as may reasonably cause the apprehension that death will otherwise be the consequence of such assault.
2. Such an act as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault.
3. Any act intending to commit rape.
4. An act intending to gratify unnatural lust.
5.  Any act intending to kidnap or abducting.
6. The intention of wrongfully confining a person
7.  An act of throwing or acid or an attempt to throw or acid.

In the above-mentioned circumstances, it can extend the right of private defense to death. The right of private defense of the body starts from the time the apprehension of danger arises until it ends. This is stated in Section 102 and 105, respectively.

Private Defence and Death [In case of Property]

Section 103 states the circumstances in which the private defense with regards to property can be extended to death.

1. Robbery.
2. House-breaking by night.
3. Mischief by fire committed on any building where such building is a human dwelling.
4. Theft, mischief, or house-trespass under such circumstances which may cause apprehension of death or grave hurt

Conclusion

The right of private defense gives the authority to the person to save oneself from a criminal act. However, the public authorities cannot reach everywhere and every time.  And if this right is not granted to persons then no one will help each other. Therefore, The acts done for protecting cannot be a criminal act if done in good faith and with no illegal intent.