private defence section 96 to 106 with case law
The provisions related to private defense in India are outlined in Sections 96 to 106 of the Indian Penal Code (IPC). These sections deal with the circumstances under which a person can exercise the right to defend oneself, others, and property from unlawful force or harm. Here is an explanation of these sections along with relevant case law:Section 96: Things done in private defense: This section states that nothing is an offense that is done in the exercise of the right of private defense. It allows a person to protect their own body and property or the body and property of others from harm.Section 97: Right of private defense of the body and of property: This section provides the right of private defense against offenses that threaten the body or property. It states that a person has the right to defend their own body and property, as well as the body and property of others, against various offenses like assault, theft, robbery, mischief, etc.Section 99: Acts against which there is no right of private defense: This section outlines certain acts that do not allow the exercise of the right of private defense. For example, there is no right to cause death if the offense committed does not reasonably cause the apprehension of death or grievous hurt.Section 100: When the right of private defense of the body extends to causing death: This section states that a person has the right to cause the death of the assailant if there is a reasonable apprehension of death or grievous hurt to themselves or others. However, the force used must be proportionate to the threat faced.Section 101: When the right of private defense of property extends to causing death: This section allows a person to cause the death of a person who is attempting to commit offenses like theft, robbery, mischief, etc., and there is a reasonable apprehension of death or grievous hurt. Again, the force used must be proportionate.Section 102: Commencement and continuance of the right of private defense of the body: This section specifies that the right to private defense starts when there is a reasonable apprehension of an offense. It continues as long as the threat persists, even if the person could have sought help from the authorities.Section 103: When the right of private defense of property extends to causing death: This section deals with the right to defend property and allows a person to cause the death of an assailant under certain circumstances, such as when there is a reasonable apprehension of death or grievous hurt to oneself or others.Case law:R v. Govinda (1929): In this case, the accused was attacked with a knife by the deceased. The accused used a knife in self-defense and caused the death of the deceased. The court held that the right of private defense extended to causing death if there was a reasonable apprehension of death or grievous hurt. The force used by the accused was held to be justified.Munshi Ram v. Delhi Administration (1968): In this case, the accused shot a thief who was attempting to steal his property. The court held that the accused had the right to private defense of property and the use of force, including causing death, was justified since there was a reasonable apprehension of theft.These cases illustrate the application of the principles of private defense and how the courts have interpreted and applied the provisions of Sections 96 to 106 of the Indian Penal Code. It is important to note that each case is decided on its own merits, and the facts and circumstances play a crucial role in determining whether the right to private defense was properly exercised.
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