96. Things done in private defence.--Nothing is an offence which
is done in the exercise of the right of private defence.
97.
Right of private defence of the body and of property.
97. Right of private defence of the body and of property.--Every
person has a right, subject to the restrictions contained in section
99, to defendFirst.--His own body, and the body of any
against any offence affecting the human body;
other
person,
Secondly.--The property, whether movable or immovable, of
himself or of any other person, against any act which is an
offence falling under the defintion of theft, robbery, mischief
or criminal trespass, or which is an attempt to commit theft,
robbery, mischief or criminal trespass.
98.
Right of
etc.
private defence against the act of a person of unsound mind,
98. Right of private defence against the act of a person of
unsound mind, etc.--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 house-breaker, 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.
99.
Acts against which there is no right of private defence.