RIGHT OF PRIVATE DEFENCE
WHAT DO YOU KNOW ABOUT PRIVATE DEFENSE?
ESSENTIALS OF PRIVATE DEFENSE:
EXAMPLE:
THINGS DONE IN PRIVATE DEFENCE:
Nothing is an offense that is done in the exercise of the right of private defense
EXPLANATION:
Where the plea for self-defense is pressed into service it is to be who was the aggressor, by whom the fight was initiated, and whether the party by whom the plea of self-defense has been introduced sustained any injury from the hands of the aggressor and in retaliation what was the degree of violence used.
Sec.97 PPC
RIGHT OF PRIVATE DEFENCE OF THE BODY AND OF PROPERTY:
To be subject to the restrictions contained in Section 99, every person has a right to defend...
Firstly:
His own body, and the body of any other person, against any offense affecting the human body;
Secondly:
The property, whether moveable or immovable of himself or any other person against any act which is an offense falling under the definition of theft, robbery, mischief, or criminal trespass, or which is an attempt to commit theft, robbery, mischief, or criminal trespass.
Explanation:
The right of self-defense would arise where the danger to a person or property is imminent and would remain available as long as such danger exists.
The right of self-defense can be used as a shield to ward off an unwarranted attack on a person or property but it cannot be used as a vehicle for provoking the attack, meaning thereby that it is to be exercised as a preventive measure and not for launching an attack.
Right of private defense of property whether available to appellants and if so, to what extent.
Accused have the right of self-defense when mischief was committed by raising blockade preventing rainy water to enter their fields to be irrigated.
Such right, however, did not fall within the ambit of Sec. 103 PPC, which gives the right to defend property to the extent of causing death.
Appellants while wielding their weapons and causing the death of the deceased definitely exceeded by appellants when they fired thrice upon the deceased to cause his death
ACT OF UNSOUND MIND PERSON:
Sec.98
RIGHT OF PRIVATE DEFENSE AGAINST THE ACT OF A PERSON OF UNSOUND MIND, ETC.
When an act, which is would otherwise be a certain offense, is not that offense, 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 defense against that act which he would have if the act were that offense.
Z, under the influence of madness, attempts to kill A, Z is guilty of no offense. But A has the same right of private defense that he would have if Z were sane.
which is not included in private defense?
Sec. 99
EXCEPTION AT PRIVATE DEFENSE
Acts against which there is no right of private defense:
There is no right of private defense against an act that does not reasonably cause the apprehension of death or grievous hurt if done or attempted to be done by a public servant acting in good faith under the color of office, though that act may not be strictly justifiable by law.
There is no right of private defense against an act that does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under the color of his office though that direction may not be strictly justifiable by law.
There is no right of private defense 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 defense in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defense.
EXPLANATION: 1
A person is not deprived of the right to private defense 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 a public servant.
EXPLANATION: 2
A person is not deprived of the right of private defense 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.
Sec.100
WHEN THE RIGHT OF PRIVATE DEFENCE OF THE BODY EXTENDS TO CAUSING DEATH:
The right of private defense 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 offense which occasions the exercise of the right is of any of the descriptions hereinafter enumerated, namely:.
Firstly:
Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault;
Secondly:
Such an assault may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault;
Thirdly:
An assault with the intention of committing rap;
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 wrongful 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.
Sec 101
WHEN SUCH RIGHT EXTEND TO CAUSING ANY HARM OTHER THAN DEAT:
If the offense be not of any of the descriptions enumerated in the last preceding section, the right of private defense of body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions mentioned in section 99, of the voluntary causing to the assault of any harm other than death.
Sec. 102
COMMENCEMENT AND CONTINUANCE OF THE RIGHT OF PRIVATE DEFENSE OF THE BODY:
The right of private defense of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offense though the offense may not have been committed, and it continues as long as such apprehension of danger to the body continues.
Sec. 103
WHEN THE RIGHT OF PRIVATE DEFENSE OF PROPERTY EXTENDS TO CAUSING DEATH:
The right of private defense of property extends, under the restrictions mentioned in Section 99, to the voluntary causing of death or of any other harm, to the wrong_ doer, if the offense, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offense of any of the descriptions hereinafter enumerated, namely:.
Firstly:
Robbery;
Secondly:
Housebreaking by night
Thirdly:
Mischief by fire committed on any building, tent, or vessel, which building, tent, or vessel is used ad a human dwelling or as a place for the custody of property;
Fourthly:
Theft, mischief, or house-trespass, under such circumstances, as may reasonably cause apprehension that death or grievous hurt will be the consequence of such right of private defense is not exercised.
Sec. 104
WHEN SUCH RIGHT EXTENDS TO CAUSING ANY HARM OTHER THAN DEATH:
If the offense, the committing of which, or the attempting to commit which, occasions the exercise of the right of private defense, be theft, mischief, or criminal trespass, not of any of the descriptions enumerated in the last preceding section, that right does not extend to the voluntary causing of death but does not extend, subject to the restrictions mentioned in section 99, to the voluntary causing to the wrong-doer of any harm other than death.
Sec.105
COMMENCEMENT AND CONTINUANCE OF THE RIGHT OF PRIVATE DEFENSE OF PROPERTY:
The right of private defense of property commences when a reasonable apprehension of danger to the property commences.
The right of private defense of property against theft continues till the offender has effected his retreat with the property or either the assistance of the public authorities is obtained or the property has been recovered.
The right of private defense of property against robbery continues as long as the offender causes or attempts to cause any person's death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or of instant personal restraint continues.
The right of private defense of property against criminal trespass or mischief or mischief continues as long as the offender continues in the commission of criminal trespass or mischief.
The right of private defense of property against house-breaking by night continues as long as the house-trespass which has been begun by such house-breaking continues.
SCOPE:
Accused of taking the plea of self-defense
The burden would shift upon him to prove the same
Sec.106
RIGHT OF PRIVATE DEFENSE AGAINST DEADLY ASSAULT WHEN THERE IS RISK OF HARM TO AN INNOCENT PERSON:
If in the exercise of the right of private defense against an assault that reasonably causes the apprehension of death, the defender is so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defense extends to the running of that risk.
ILLUSTRATION:
A is attacked by a mob who attempts to murder him. He cannot effectually exercise his right of private defense without firing on the mob, and cannot risk harming young children who are mingled with the mob. A commits no offense if by so firing he harms any of the children.