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If, in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender is so situated that he can not effectively defend himself or another person without risk of harm to an innocent person, his right of private defence extends to the running of that risk. The following example makes the legal provision very clear: - A is attacked by a mob that attempts to murder him. He can not effectually exercise his right of private defence without firing on the mob, and he can not fire on the mob without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children. Summary / Remember Right of private defence can be exercised against an offence or apprehension of an offence and not otherwise. Only as much force is to be used in the exercise of the right as is necessary to defend life or property. Excessive force not justified by circumstances is not covered under this right. The right of private defence ceases as soon as the commission of offence or apprehension of danger to life or property ceases. Any retaliatory act thereafter amounting to an offence would be dealt with as such under normal laws. There is no right of private defence if there is sufficient time to take recourse to public authorities. There is no right of private defence against the acts of a public servant or any one acting under his direction unless there is apprehension of death or grievous hurt. If there is risk of harm to innocent persons in the exercise of the right of private defence, law permits you to run that risk. |
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