Category: Criminal Law

102. Commencement and continuance of the right of private defense of the body The right of private defense of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence though the offence may not have been committed; and it continues as … Continue reading “102. Commencement and continuance of the right of private defense of the body – Indian Penal Code, 1860”

101. When such right extends to causing any harm other than death If the offence be not of any of the descriptions enumerated in the last preceding section, the right of private defense of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions mentioned … Continue reading “101. When such right extends to causing any harm other than death – Indian Penal Code, 1860”

100. When the right of private defense of the body extends to causing death The right of private defense of the body extends, under the restrictions mentioned in the last preceding section, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the … Continue reading “100. When the right of private defense of the body extends to causing death – Indian Penal Code, 1860”

99. Acts against which there is no right of private defense There is no right of private defense against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that … Continue reading “99. Acts against which there is no right of private defense – Indian Penal Code, 1860”

98. Right of private defense against the act of a person of unsound mind, etc. When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by … Continue reading “98. Right of private defense against the act of a person of unsound mind, etc. – Indian Penal Code, 1860”

97. Right of private defense of the body and 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 … Continue reading “97. Right of private defense of the body and of property – Indian Penal Code, 1860”

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

95. Act causing slight harm Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm. Of the Right … Continue reading “95. Act causing slight harm – Indian Penal Code, 1860”

94. Act to which a person is compelled by threats Except murder, and offences against the State punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person … Continue reading “94. Act to which a person is compelled by threats – Indian Penal Code, 1860”

93. Communication made in good faith No communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person. Illustration A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. … Continue reading “93. Communication made in good faith – Indian Penal Code, 1860”