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Private defence of body The right commences from the moment a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence. It does not necessarily commence only when the act constituting the offence commences. Mere apprehension, genuine and reasonable, is enough for commencement of your right to act to protect yourself or someone else. For instance, a shopkeeper quarrels with you at his shop on account of misunderstanding over the payment made by you. Using highly threatening language and in an agitated mood the shopkeeper bends over some iron rods lying in his shop which give rise to an apprehension in your mind that he might attack you with an iron rod. You can suitably attack him in exercise of the right of private defence to disable him from attacking you. The right continues to exist till the apprehension continues. In the given example the right will continue to exist till the shopkeeper is in an agitated mood and has access to iron bars or other such weapons of offence or till he keeps making threatening postures for a physical assault. Private defence of property (Section 105 IPC) The right of private defence of property commences when a reasonable apprehension of the danger to the property commences. Example: On return from a late night party, you spot a person climbing over your wall that will give him entry to the courtyard of your house. You can exercise your right to private defence of property and use force to disable him from accomplishing his task. Your action in defence of your property does not constitute an offence. |
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