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In case of offences against body AS per Section 100 IPC, the right of private defence extends to causing death of the attacker if the offence gives rise to a reasonable apprehension in the mind of the person exercising the right that one of the following consequences may ensue from the assault: • Death • Grievous hurt • Rape • Unnatural offences • Kidnapping or abduction • Wrongful confinement under circumstances which reasonably cause • apprehension that the person being confined will be unable to have • recourse to authorities for his release. The above legal provision is subject to the restrictions contained in Section 99 IPC as outlined above under the heading " Is there any restriction on the exercise of the right." In case of offences against property The right of private defence of property extends to voluntary causing of death or any other harm to the wrong doer if the offence or an attempt thereof is of any of the following descriptions: - Robbery House-breaking by night Mischief by fire committed on any building, tent or vessel, which is used as a human dwelling or as a place for the custody of property. Theft, mischief or house-trespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence if such right of private defence is not exercised. The above legal provision is subject to the restrictions contained in Section 99 IPC as outlined above under the heading " Is there any restriction on the exercise of the right." |
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