Penal Code
2008 Ed.
54
CAP. 224
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 section 99, to the voluntary causing of death
or of any other harm to the assailant, if the offence which occasions
the exercise of the right is of any of the following descriptions:
(a) such an assault as may reasonably cause the apprehension
that death will otherwise be the consequence of such assault;
(b) such an assault as may reasonably cause the apprehension
that grievous hurt will otherwise be the consequence of such
assault;
(c) an assault with the intention of committing rape;
(d) an assault with the intention of committing non-consensual
penile penetration of the anus;
(e) an assault with the intention of kidnapping or abducting;
(f) 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.
[51/2007]
[Indian PC 1860, s. 100]
When such right extends to causing any harm other than death
101. If the offence is not of any of the descriptions enumerated in
section 100, 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.
[Indian PC 1860, s. 101]
Commencement and continuance of the right of private defence
of the body
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 a threat to commit the offence, though the offence may not
Informal Consolidation – version in force from 1/4/2015
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