Penal Code
2008 Ed.
CAP. 224
52
that harm is so slight that no person of ordinary sense and temper
would complain of such harm.
[Indian PC 1860, s. 95]
Right of private defence
Nothing done in private defence is an offence
96. Nothing is an offence which is done in the exercise of the right
of private defence.
[Indian PC 1860, s. 96]
Right of private defence of the body and of property
97. Every person has a right, subject to the restrictions contained in
section 99, to defend —
(a) his own body, and the body of any other person, against any
offence affecting the human body;
(b) 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 or criminal trespass.
[Indian PC 1860, s. 97]
Right of private defence against the act of a person of unsound
mind, etc.
98. 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 reason of any misconception on the part of
that person, every person has the same right of private defence against
that act which he would have if the act were that offence.
Illustrations
(a) Z, under the influence of madness, attempts to kill A. Z is guilty of no
offence. But A has the same right of private defence which he would have
if Z were sane.
Informal Consolidation – version in force from 1/4/2015
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