The law has been very generous in granting us the right to private defense. This act covers any act that you do to defend yourself or to protect yourself. However, the law says that if another person is trying to kill you or is trying to hurt you, then you won’t be held responsible for any defense you may have taken. You can hire a lawyer at Best Criminal Lawyer Delhi for self defense rights under the Indian Penal Code case.
From Section 96 to section 106, the right of private defense is covered. Section 96 clearly states that private defense is not an offense. This right of private defense can only be used when there is a reasonable fear of being injured.
Section 97 provides that everyone has the right to defend himself or his body, or any property of others. Every person has the right of property defense against any offense that falls under the definitions of theft, robbery, mischief, or even an attempt at doing all of the above.
Next, Section 98. The right to a private defense shall not be exercised in any circumstances unless certain conditions are met or not.
Section 99 now states that there are certain circumstances in which the right to private defense is not possible.
Next section 100 says that while you may defend yourself if the death of another person is caused, it is justified.
Section 101
Section 101 states that the right to private defense of the body is available if the offense is not of any description as described in Section 100. However, it does not apply to the voluntary causing death to an assailant but only to the voluntary causing any other harm to him.
Section 102
This section addresses two important aspects of the private defense of the body’s rights. First, when does the right begin, and for how long? The first aspect is that the right begins when there is a reasonable fear of harm to the body.
Section 100 dealt with the right to private defense of the body that extends to causing deaths. Section 103 defines when the right to private defense of property includes the right to cause death. It is only permissible if it falls within these conditions.
1 . Robbery
- Housebreaking at Night
- Fire can cause mischief
- House Trespass
Section 104
This section also specifically states that restrictions imposed under section 99 of the Code shall not have any effect on the right.
Section 105
It indicates when property defense rights begin and how long they last. The right to private defense of property in case of theft is ended by the successful retreating of the thief. If the thief runs away with the property, it cannot be said that he has retreated.
Section 106
This section states that in the event of an assault reasonably causing death, if the defense is confronted with a situation that presents a risk to innocent persons, there is no restriction to his right to defend and he is allowed to take that risk. The problem is that the defender may have doubts about his rights and not be able to exercise them even if innocent people are being hurt by his actions.
