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Of the Right of Private Defence 96. Things done in private defence.

--Nothing is an offence which is done in the exercise of the right of private defence. 97. Right of private defence of the body and of property.-- Every person has a right, subject to the restrictions contained in section 99, to defend-First.-- His own body, and the body of any other person, against any offence affecting the human body; Secondly.-- he property, whether movab!e or immovab!e, of himse!f or of any other person, against any act which is an offence fa!!ing under the definition of theft, robbery, mischief or crimina! trespass, or which is an attempt to commit theft, robbery, mischief or crimina! trespass. 98. Right of private defence against the act of a person of unsound mind, etc.-- "hen an act, which wou!d otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind 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 of private defence against that act which he wou!d have if the act were that offence. Illustrations
#a$ %, under the inf!uence of madness, attempts to &i!! A; Z is gui!ty of no offence. 'ut ( has the same right of private defence which he wou!d have if % were same. (b) A enters by night a house which he is !ega!!y entit!ed to enter %, in good faith, ta&ing A for a house-brea&er, attac&s A. Here %, by attac&ing A under this misconception, commits no offence. 'ut A has the same right of private defence against %, which he wou!d have if % were not acting under that misconception.

99. Acts against which there is no right of private defence.-- here is no right of private defence against an act which does not reasonab!y cause the apprehension of death or of grievous burt, if done, or attempted to be done, by a pub!ic servant acting in good faith under co!our of his office, though that act, may not be strict!y justifiab!e by !aw. here is no right of private defence against an act which docs not, reasonab!y cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a pub!ic servant acting in good faith under co!our of is office, though that direction may not be strict!y justifiab!e by !aw here is no right of private defence in cases in which there is time to have recourse to the protection of the pub!ic authorities. !tent to which the right may be e!ercised.-- he right of private defence in no case extends to the inf!icting of more harm than it is necessary to inf!ict for the purpose of defence.

Explanation ).--( person is not deprived of the right of private defence against an act done, or attempted to be done, by a pub!ic servant, as such, un!ess he &nows or has reason to be!ieve, that the person doing the act is such pub!ic servant. Explanation *.--( person is not deprived of the right of private defence against an act done, or attempted to be done, by the direction of a pub!ic servant, un!ess he &nows, or has reason to be!ieve, that the person doing the act is acting by such direction, or un!ess such person states the authority under which he acts, or if he has authority in writing, un!ess he produces such authority, if demanded. "##. $hen the right of private defence of the body e!tends to causing death.-- he right of private defence of the body extends, under the restrictions mentioned in the !ast preceding section, to the vo!untary causing of death or of any other harm to the assai!ant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, name!y+-First.-- ,uch an assau!t as may reasonab!y cause the apprehension that death wi!! otherwise be the conse-uence of such assau!t; Secondly.--,uch an assau!t as may reasonab!y cause the apprehension that grievous hurt wi!! otherwise be the conse-uence of such assau!t; Thirdly.-- (n assau!t with the intention of committing rape; Fourthly.--(n assau!t with the intention of gratifying unnatura! !ust; Fifthly.-- (n assau!t with the intention of &idnapping or abducting; Sixthly.-- (n assau!t with the intention of wrongfu!!y confining a person, under circumstances which may reasonab!y cause him to apprehend that he wi!! be unab!e to have recourse to the pub!ic authorities for his re!ease. "#". $hen such right e!tends to causing any harm other than death.-- .f the offence be not of any of the descriptions enumerated in the !ast preceding section, the right of private defence of the body does not extend to the vo!untary causing of death to the assai!ant, but does extend, under the restrictions mentioned in section 99, to the vo!untary causing to the assistant of any harm other than death. "#%. &ommencement and continuance of the right of private defence of the body.-- he right of private defence of the body commences as soon as a reasonab!e apprehension of danger to the body arises from an attempt or threat to commit the offence though the offence may not have been commuted; and if continues as !ong as such apprehension of danger to the body continues. "#'. $hen the right of private defence of property e!tends to causing death.-- he right of private defence of property extends, under the restrictions mentioned in section 99, to the vo!untary causing of death or of any other harm to the

wrong-doer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, he an offence of any of the descriptions hereinafter enumerated, name!y+-First.-/obbery;

Secondly.-- House-brea&ing by night; Thirdly.-- 0ischief by fire committed on any bui!ding, !ent or vesse!, which bui!ding, tent or vesse! is used as a human dwe!!ing, or as a p!ace for the custody of proper!y; Fourthly.-- heft, mischief, or house-trespass, under such circumstances as may reasonab!y cause apprehension that death or grievous hurt wi!! be the conse-uence, if such right of private defence is not exercised.

"#(. $hen such right e!tends to causing any harm other than death.-- .f the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right of private defence, be theft, mischief, or crimina! trespass, not of any of the descriptions enumerated in the !ast preceding section, that right does not extend to the vo!untary causing of death, hut does extend, subject to the restrictions mentioned in section 99, to the vo!untary causing to the wrong-doer of any harm other than death. "#). &ommencement and continuance of the right of private defence of property.-- he right of private defence of proper!y commences when a reasonab!e apprehension of danger to the property commences. he right of private defence of property against theft continues ti!! the offender has effected his retreat with the property or either the assistance of the pub!ic authorities is obtained, or the property has been recovered. he right of private defence of property against robbery continues as !ong as the offender causes or attempts to cause to any person death or hurt or wrongfu! restraint or as !ong as the fear of instant death or of instant hurt or of instant persona! restraint continues. he right of private defence of proper!y against crimina! trespass or mischief continues as !ong as the offender continues in the commission of crimina! trespass or mischief. he right of private defence of proper!y against house-brea&ing by night continues as !ong as the house-trespass which has been begun by such house-brea&ing continues. "#6. Right of private defence against dead*y assau*t when there is ris+ of harm to innocent person.--.f in the exercise of the right of private defence against an assau!t which reasonab!y causes the apprehension of death, the defender be so situated

that he cannot effectua!!y exercise that right without ris& of harm to an innocent person, his right of private defence extends to the running of that ris&. Illustration
A is attac&ed by a mob who attempt to murder him. He cannot effectua!!y exercise his right of private defence without firing on the mob, and he cannot fire without ris& of harming young chi!dren who are ming!ed with the mob. A commits no offence if by so firing he harms any of the chi!dren.