08/07/2019
Penal Code, 1860 (Act No. XLV of 1860).
Act to which a person
is compelled by
threats
94. Except murder, and offences against the State punishable with death, nothing
is an offence which is done by a person who is compelled to do it by threats,
which, at the time of doing it, reasonably cause the apprehension that instant
death to that person will otherwise be the consequence: Provided the person
doing the act did not of his own accord, or from a reasonable apprehension of
harm to himself short of instant death, place himself in the situation by which he
became subject to such constraint.
Explanation 1.A person who, of his own accord, or by reason of a threat of
being beaten, joins a gang of dacoits, knowing their character, is not entitled to
the benefit of this exception on the ground of his having been compelled by his
associates to do anything that is an offence by law.
Explanation 2.A person seized by a gang of dacoits, and forced by threat of
instant death, to do a thing which is an offence by law; for example, a smith
compelled to take his tools and to force the door of a house for the dacoits to
enter and plunder it, is entitled to the benefit of this exception.
Act causing slight
harm
95. Nothing is an offence by reason that it causes, or that it is intended to
cause, or that it is known to be likely to cause, any harm, if that harm, is so
slight that no person of ordinary sense and temper would complain of such harm.
Of the Right of the Private Defence
Things done in
private defence
96. Nothing is an offence which is done in the exercise of the right of private
defence.
97. Every person has a right, subject to the restrictions contained in section 99,
to defend
Firstly.His own body, and the body of any other person against any offence
affecting the human body;
Secondly.The property, whether moveable 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.
Right of private
defence of the body
and of property
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.
(b) A enters by night a house which he is legally entitled to enter. Z, in good
faith, taking A for a housebreaker, attacks A. Here Z, by attacking A under this
misconception, commits no offence. But A has the same right of private defence
against Z, which he would have if Z were not acting under that misconception.
Acts against which
there is no right
private defence
99. There is no right of private defence against an act which does not reasonably
cause the apprehension of death or of grievous hurt, if done, or attempted to be
done by a public servant acting in good faith under colour of his office, though
that act may not be strictly justifiable by law.
There is no right of private defence against an act which does not reasonably
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