Right of private defence of the body extends to cause death- A must read.

by Somethinger

Section 100 of the Indian Penal Code, 1860, further defines when the right of private defence of the body extends to Cause death :

The right of private defence of the body extends, under the restrictions mentioned to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any or the descriptions hereinafter enumerated, namely :

First –
Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault;

Secondly –
Such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault;

Thirdly –
An assault with the intention of committing rape;

Fourthly –
An assault with the intention of gratifying unnatural lust;

Fifthly –
An assault with the intention of kidnapping or abducting;

Sixthly –
An assault with the intention of wrongfully confining a person, under circumstances which may reasonable cause him/her to apprehend that he/she will be unable to have recourse to the public authorities for his/her release.

 

I checked this from the Lawnotes webpage:. If this information is inaccurate or the section modified, please let me know.

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