Penal Code
59
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
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, is an offence of any of the
following descriptions:
(a)
robbery;
(b)
housebreaking by night;
(c)
mischief by fire committed on any building, tent or
vessel, which building, tent or vessel is used as a human
dwelling, or as a place for the custody of property;
(d)
theft, mischief or house-trespass, under such circumstances
as may reasonably cause apprehension that death or
grievous hurt will be the consequence, if such right of
private defence is not exercised.
When such right extends to causing any harm other than death
104. If the offence, the committing of which, or the attempting
to commit which, occasions the exercise of the right of private
defence, is theft, mischief or criminal trespass, not of any of the
descriptions enumerated in section 103, that right does not extend
to the voluntary causing of death, but does extend subject to the
restrictions mentioned in section 99, to the voluntary causing to
the wrongdoer of any harm other than death.
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