56
Laws of Malaysia
Act 574
Provided that the person doing the act did not of his own
accord, or from a reasonable apprehension of harm to himself
short of instant death, place himself in the situation by which he
became subject to such constraint.
Explanation 1—A person who, of his own accord, or by reason of
a threat of being beaten, joins gang-robbers knowing their character, is
not entitled to the benefit of this exception on the ground of his having
been compelled by his associates to do anything that is an offence by
law.
Explanation 2—A person seized by gang-robbers, and forced by threat
of instant death to do a thing which is an offence by law—for example,
a smith compelled to take his tools and to force the door of a house for
the gang-robbers to enter and plunder it—is entitled to the benefit of
this exception.
Act causing slight harm
95. Nothing is an offence by reason that it causes, or that it is
intended to cause, or that it is known to be likely to cause, any
harm, if that harm is so slight that no person of ordinary sense
and temper would complain of such harm.
Right of Private Defence
Nothing done in private defence is an offence
96. Nothing is an offence which is done in the exercise of the
right of private defence.
Right of private defence of the body and of property
97. Every person has a right, subject to the restrictions contained
in section 99, to defend—
(a)
his own body, and the body of any other person, against
any offence affecting the human body;
(b)
the property, whether movable or immovable, of himself or
of any other person, against any act which is an offence
falling under the definition of theft, robbery, mischief
or criminal trespass, or which is an attempt to commit
theft, robbery, mischief or criminal trespass.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents