08/07/2019
Penal Code, 1860 (Act No. XLV of 1860).
Thirdly.Mischief by fire committed on any building, tent or vessel, which building,
tent or vessel is used as a human dwelling or as a place for the custody of
property;
Fourthly.Theft, mischief or housetrespass, under such circumstances as may
reasonably cause apprehension that death or grievous hurt will be the
consequence, if such right of private defence is not exercised;
When such right
extends to causing
any harm other than
death
104. If the offence, the committing of which, or the attempting to commit which,
occasions the exercise of the right of private defence, be theft, mischief, or
criminal trespass, not of any of the descriptions enumerated in the last preceding
section, that right does not extend to the voluntary causing of death, but does
extend, subject to the restrictions mentioned in section 99, to the voluntary
causing to the wrongdoer of any harm other than death.
105. The right of private defence of property commences when a reasonable
apprehension of danger to the property commences.
The right of private defence 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 defence of property against robbery continues as long as the
offender causes or attempts to cause to any person death or hurt or wrongful
restraint or as long as the fear of instant death or of instant hurt or of instant
personal restraint continues.
The right of private defence 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 defence of property against housebreaking by night continues
as long as the housetrespass which has been begun by such housebreaking
continues.
Commencement and
continuance of the
right of private
defence of property
Right of private
106. If in the exercise of the right of private defence 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 of private defence extends to the running of that risk.
defence against
deadly assault when
there is risk of harm
to innocent person
Illustration
A is attacked by a mob who attempt to murder him. He cannot effectually
exercise his right of private defence 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.
CHAPTER V
OF ABETMENT
Abetment of a thing
107. A person abets the doing of a thing, who
Firstly.Instigates any person to do that thing; or
Secondly.Engages with one or more other person or persons in any conspiracy
for the doing of that thing, if an act or illegal omission takes place in pursuance
of that conspiracy, and in order to the doing of that thing; or
Thirdly.Intentionally aids, by any act or illegal omission, the doing of that thing.
Explanation 1.A person who, by wilful misrepresentation, or by wilful
concealment of a material fact which he is bound to disclose, voluntarily causes
or procures, or attempts to cause or procure, a thing to be done, is said to
instigate the doing of that thing.
bdlaws.minlaw.gov.bd/print_sections_all.php?id=11
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