08/07/2019
Penal Code, 1860 (Act No. XLV of 1860).
cause the apprehension of death or of grievous hurt, if done, or attempted to be
done, by the direction of 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 in cases in which there is time to have
recourse to the protection of the public authorities.
Extent to which the
right may be
exercised
The right of private defence in no case extends to the inflicting of more harm
than it is necessary to inflict for the purpose of defence.
Explanation 1.A person is not deprived of the right of private defence against
an act done, or attempted to be done, by a public servant, as such unless he
knows, or has reason to believe, that the person doing the act is such public
servant.
Explanation 2.A person is not deprived of the right of private defence against
an act done, or attempted to be done, by the direction of a public servant,
unless he knows, or has reason to believe, that the person doing the act is
acting by such direction, or unless such person states the authority under which
he acts, or if he has authority in writing, unless he produces such authority, if
demanded.
When the right of
private defence of the
body extends to
causing death
100. The right of private defence of the body extends, under the restrictions
mentioned in the last preceding section, to the voluntary causing of death or of
any other harm to the assailant, if the offence which occasions the exercise of
the right be of any of the descriptions hereinafter enumerated, namely:
Firstly.Such an assault as may reasonably cause the apprehension that death will
otherwise be the consequence of such assault;
Secondly.Such an assault as may reasonably cause the apprehension that
grievous hurt will otherwise be the consequence of such assault;
Thirdly.An assault with the intention of committing rape;
Fourthly.An assault with the intention of gratifying unnatural lust;
Fifthly.An assault with the intention of kidnapping or abducting;
Sixthly.An assault with the intention of wrongfully confining a person, under
circumstances which may reasonably cause him to apprehend that he will be
unable to have recourse to the public authorities for his release.
When such right
extends to causing
any harm other than
death
101. If the offence be not of any of the descriptions enumerated in the last
preceding section, the right of private defence of the body does not extend to the
voluntary causing of death to the assailant, but does extend, under the
restrictions mentioned in section 99 to the voluntary causing to the assailant of
any harm other than death.
102. The right of private defence of the body commences as soon as a
reasonable apprehension of danger to the body arises from an attempt or threat
to commit the offence though the offence may not have been committed; and it
continues as long as such, apprehension of danger to the body continues.
Commencement and
continuance of the
right of private
defence of the body
When the right of
private defence of
property extends to
causing death
103. The right of private defence of property extends, under the restrictions
mentioned in section 99, to the voluntary causing of death or of any other harm
to the wrongdoer, if the offence, the committing of which, or the attempting to
commit which, occasions the exercise of the right, be an offence of any of the
descriptions hereinafter enumerated, namely:
Firstly.Robbery;
Secondly.Housebreaking by night;
bdlaws.minlaw.gov.bd/print_sections_all.php?id=11
18/110
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos