Indian Penal Code (IPC), 1860: Sections Relating To Self Defense

Last Updated: 17-Jul-10

The following Sections of the Indian Penal Code, 1860 (IPC) are of relevance in the matter of self-defense: 

1.      Section 96 (Things Done in Private Defense)

2.      Section 97 (Right of Private Defense of the Body & of Property)

3.      Section 102 (Commencement & Continuance of the Right of Private Defense of the Body)

4.      Section 105 (Commencement & Continuance of the Right of Private Defense of the Property)

5.      Section 106 (Right of Private Defense Against Deadly Assault when there is Risk of Harm to Innocent Person)

Let me give what the IPC, 1860 says about the above sections with other relevant sections as may be needed further.

Under Section 96 of IPC, 1860

(Things Done in Private Defense)

Nothing is an offence which is done in the exercise of the right of private defense.

Under Section 97 of IPC, 1860

(Right of Private Defense of the Body & of Property)

Every person has a right, subject to the restrictions contained in Section 99, to defend-

First: His own body, and the body of any other person, against any offence affecting the human body;

Secondly: The property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief for criminal trespass.

Under Section 99 of IPC, 1860

(Act against which there is no right of private defense)

There is no right of private defense against an act which does not reasonable cause the apprehension of death or of grievous act, 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 be strictly justifiable by law.

There is no right of private defense against an act which does not reasonable cause the apprehension of death or of grievous act, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that direction, may not be strictly justifiable by law.

     There is no right of private defense in cases in which there is time to have recourse to the protection of the public authorities.  

Extent to which the right may be exercised: The right to private defense in no case extends to the inflicting of more harm that it is necessary to inflict for the purpose of defense.

Explanation 1: A person is not deprived of the Right of Private Defense against an act done, or attempted to be done, by a public servant, as such, unless he knows or has reason to believe, that the person doing the act is such public servant.

Explanation 2:  A person is not deprived of the Right of Private Defense against an act done, or attempted to be done, by the direction of a public servant, unless he knows, or has reason to believe, that the person doing the act is acting by such direction, or unless such person states the authority under which he acts, or if he has authority in writing, unless he produces such authority, if demanded.

Under Section 102 of IPC, 1860

(Commencement and Continuance of the

Right of Private Defense of the Property)

 

The Right of private defense of property commences when a reasonable apprehension of danger to the property commences.

 The right of private defense of property against theft continues till the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the property has been recovered.

 The right of private defense of property against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint of as long as the fear of instant death or of instant hurt or of instant personal restraint continues.

 The right of private defense of property against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief.

 The right of private defense of property against house-breaking by night continues as long as the house-trespass which has been begun by such house-breaking continues.

Under Section 106 of IPC, 1860

(Right of Private Defense Against Deadly Assault

when there is Risk of Harm to Innocent Person)       

If in the exercise of the right of private defense against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person his right or private defense extends to the running of that risk.

Illustration 

'A' is attacked by a mob who attempts to murder him. He cannot effectually exercise his right of private defense without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. 'A' commits no offence if by so firing he harms any of the children.

Note: Self-defense is subject to case specific legal interpretation.