60
Laws of Malaysia
Act 574
Commencement and continuance of the right of private defence
of property
105. (1) The right of private defence of property commences when
a reasonable apprehension of danger to the property commences.
(2) The right of private defence of property against theft
continues till the offender has effected his retreat with the property,
or till assistance of the public authorities is obtained, or till the
property has been recovered.
(3) 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 restrain, or as long as the
fear of instant death, or of instant hurt, or of instant personal
restraint continues.
(4) 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.
(5) The right of private defence of property against housebreaking
by night continues as long as house-trespass which has been
begun by such housebreaking continues.
Right of private defence against a deadly assault when there
is risk of harm to an innocent person
106. If, in the exercise of the right of private defence against
an assault which reasonably causes the apprehension of death,
the defender is 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.
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.
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