THE PENAL CODE 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:– First. - 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. 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 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. When the right of private defence of property extends to causing death. Page 19 of 125