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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