Right of private defense (section 96-106)
Every person has a right has a right to defend his own person against injury or restraints, and his own property against any act which is an offence falling under the category of theft, robbery , mischief or criminal trespass, or which is an attempt to commit such an offence.I. Section 96 states that nothing is an offence which is done in the exercise of the right to private defense.There are four general points with the connection with the right of private defence:➢ There is no right private defense under the code against any act which is not in itself an offense under the code.➢ The right of private defense cannot be pleaded by person who believe they will be attacked, court the attack.➢ The general rule is that the accused must specifically plead the right of private defence.➢ Where a party of men is determined to clear their right for supposed by unlawful force, and they engage in a fight with another party of men, equally determined to clear their right by unlawful force, no question of the right of private defence can arise.A. Right to privatedefenceof the body (Section 97-98)➢ Section 97 states that every person has a right to defend his own body or that of another against any offence affecting the human body.➢ Section 98 states that every person has the right of private defence of the body against an act, which would otherwise be a certain offence, but is not that offence by reason of the doer being of unsound mind, a minor an intoxicated person or a person acting under misconception of fact.B. Acts against there is no right of privatedefenceof body (Section 99)➢ Section 99 states that there is no right of private defense of the body against an act which does not reasonably cause the apprehension of death or grievous hurt. If done, or attempted to be done by a public servant acting in good faith under colour of his office, though that act may not not be strictly justificable by law.The right of private defense also exists when the act is done by the direction of a public servant.➢ Also there is no right of private defence of the body in a case in which there is time to have recourse to the protection of the public authorities.C. When right extend to the causing of death or any other harm to the offender (Section 100)There are acts of aggression mentioned if the right or private defense of the body extends to causing even the death of the offender in cases:i. An assault that gives grievous hurt.ii. An assault with the intention of committing rape.iii. An assault with the intention of gratifying unnatural lust.iv. An assault with the intention of wrongfully confining a person.v. An assault with the intention of kidnapping or abducting.vi. An act to throwing acid or attempt to do so.D. Right when commences, and how long it continues (Section 102):Section 102 states that the right of self-defense commences as soon as reasonable act of danger of the body arised from an attempt or threat to commit the offence, though the offence may not have been committed and continue as long as such act of danger to the body continues.In one case name Bayadas Bowri Vs. State of Assam, 1982)- the accused was a poor, disabled man with only one hand , a stronger person, assaulted him with a bamboo, and in his fight for life, the accused gave a blow with a pen-knife, which proved fatal. On these facts, the court held that if a disabled person used a pen-knife to escape death, it cannot be said to be an act done in excess, and the accused would be entitled to the protection of section 100.