58
Laws of Malaysia
Act 574
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 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 gratifying unnatural lust;
(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.
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.
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