When a Person Can Take Plea of Self Defence in the Light of General Exception

 Private Defence

 When a Person Can Take Plea of Self Defence in the Light of General Exception

1- Introduction 

Life has no substitute which if lost cannot be brought back even if entire world edfort. Hence law confer a right of private Defence upon a person to protect not only his body and property but also the body and property of another person. Section 96 declares that nothing is an offence Which is done in exercise of right if private Defence. Where as remaining section 97 to 106 codify the rules, extend and limitation imposed on exercise of right of private Defence. 

1- Relevant Law 

Section 96 to 106 of CrPC

3- Right of Private Defence 

The use of force to protect one self, one's family, one's property from the real and threatened attack. 

4- Classification of Right of Private Defence 

Following are the classification of right of private defence, 

                                  》Right of Private Defence of Body 

                                  》Right of Private Defence of Property

5- Right of Private Defence of Body

Following are the right of private defence of body,

I- Extent to Defend Body u/s 97

According to section 97 every person has right to defend 

                                   》Own Body

                                   》Body of other person against the offence affecting human body

II- Offences against Defence of body lies

All offences against human body affected shall subject to right of private defence. 

III- When Right to Defend Body Extend to Causing Death

The right to defend body may extend voluntary causing death or other harm to assailant, if offence Which occasion exercise of right of private defence is Any of the Following Ways,

A)- Apprehension of Causing Death

The exercise of right of private defence occasion where Death will otherwise consequences of such assault 

B)- Apprehension of Grievous Hurt

That the  grievous hurt otherwise will consequences of such assault 

C)- Intention to Commit Rape

That there is Intention to commit rape will consequences of death of assault 

D)- Intention to gratify Unnatural lust 

That Unnatural lust  otherwise will consequences of death of assault 

E)- Intention to Wrongful Confinement

Death otherwise will cause of assault where Intention of wrongful confinement 

IV- Where the right if private Defence extend to cause harm other than death

Where the offence which occasion exercise of right of private defence does not fall under any category of as narrated above u/s 100, the right if private defence of body shall not extend to voluntary cause of death. It shall cause any harm other than death. 

V- Commencement if Right of Private Defence of Body u/s 102

The right of private defence of body commence as soon as reasonable Apprehension of danger arises from attempt or threat to commit, the offence though may not have committed. 

VI- Continuation of Right of Private Defence

The right of private defence continues as long as Apprehension or danger to body continues. 

6- Right of Defence of Property 

There is also a right of private defence of Property as follows, 

I- Extent to Defend Property 

Every person has right of private defence of Property, 

                                             》Whether movable or immovable 

                                             》Of himself 9r any other person

II- Offences against which right of private defence lies

Following are the offences against which right of private defence lies 

                                              》Theft

                                              》Robbery

                                              》Mischief 

                                              》Criminal Trespass 

                                              》Any attempt to commit of above offence

III- When Right of Private Defence of Property extend to Cause Death 

The right of private defence of property extend to cause death in offences narrated above.

IV- When Right of Private Defence extend to any Harm other than Death 

Of the offence does not fall under any of category narrated above, the right of private defence does not extend to death

V- Commencement of Right of Private Defence of Property 

The right of private defence of Property commence when reasonable Apprehension arises 

7- Restrictions Imposed upon Right of Private Defence  

There are also some restrictions imposed upon right of private defence such as are,

                                                》No right of private defence against public servant acting good faith under colors of his office

                                                》No right of private defence against direction of public servant acting in good faith under colors of his office 

                                                 》No right of private defence when there is time to have recourse to protection of public authority

                                               ■ All this  above is exercisable when there is no reasonable cause the Apprehension of death or grievous hurt.

8- Conclusion.