Commencement and continuance of the right of private defence of the body The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence though the offence may not have been committed; and it continues as long…
When such right extends to causing any harm other than death If the offence be not of any of the descriptions specfied in section 38, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions specified in section 37,…
When the right of private defence of the body extends to causing death The right of private defence of the body extends, under the restrictions specified in section 37, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of…
Acts against which there is no right of private defence (1) There is no right of private defence,(a) against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act,…
When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the mental illness 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…
Every person has a right, subject to the restrictions contained in section 37, to defend—. (a) his own body, and the body of any other person, against any offence affecting the human body;. (b) the property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling…
Nothing is an offence which is done in the exercise of the right of private defence. Example:An armed burglar enters Vijay’s house to steal. Vijay catches hold of the burglar, hits him and ties him to a chair. Here, Vijay has used reasonable force to stop the burglary and therefore his actions are lawful and…
Act to which a person is compelled by threats. Except murder, and offences against the State punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person will…
Communication made in good faith No communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person. IllustrationsA, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient…
Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person’s consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and…
