Right of Private Defence (RPD) IPC Section 96 to 106

Right of Private Defence: IPC Sections 96 to 106 

These are the provisions available to any private individual to enable him to protect himself and his property from attacks, damage and destruction.

These are universal provisions and are available to everyone.

These are non-discriminatory, non-directional and omni-applicable.

Onus of proof lies on the person using the provisions or taking advantage of the provisions.

There is no obligation to
use this right.

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Right of Private Defence: IPC Section 96

 “Nothing is an offence which is done in the exercise of the right of private defence.”

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Right of Private Defence: IPC Section 97

 “Every person has a right, subject to the restrictions contained in Sec 99, to defend

First – His own body, and the body of any other person, against any offence affecting human body;

Secondly- The property , whether moveable or immovaeble, of himself or of
any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass”

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Right of Private Defence: IPC Section 98

 “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 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 would have if the act were that offence”

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Right of Private Defence: IPC Section 99

 “There is no right of private defence against: 

-an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done

- if done or attempted to be done by a public servant acting in good faith under color of his office, though the act may not be strictly justifiable by law

- if done or attempted to be done by the direction of a public servant acting in good faith under color of his office, though the act may not be strictly justifiable by law

- in case there is time to have recourse to the protection of the public authorities”

Right of Private Defence: IPC Section 100

 “The right of private defence of the body extends, under the restrictions mentioned in the last preceding section, 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 any of the descriptions hereinafter enumerated, namely:

First – Such an assault as may reasonably cause the apprehension that death will otherwise be consequence of such assault;

Secondly - Such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be consequence of such assault;

Thirdly- As assault with the intention of committing rape;

Fourthly - As assault with the intention of gratifying unnatural lust;

Fifthly - As assault with the intention of kidnapping or abducting;

Sixthly - As assault with the intention of wrongfully oncining a person, under circumstances which may reasonably casue him to apprehend that he will be unable to have resourse to the public authorities for his release.”

Right of Private Defence: IPC Section 101

 “If the offence be not of any of the descriptions enumerated in the last preceding section, 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 mentioned in section 99, to the voluntary causing to the assailant of any harm other than death.”

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Right of Private Defence: IPC Section 102

 “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 offence though the offence may not have been committed and it continues as long as such apprehension of danger to the body continues.”

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Right of Private Defence: IPC Section 103

 “The right of private defence of property extends, under the restrictions mentioned in section 99, to the voluntary 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 be an offence of the descriptions hereinafter enumerated, namely:

First – Robbery;

Secondly – House –breaking by night;

Thirdly- Mischief by fire on any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or is a place for the custody of property;

Fourthly – 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.”

Right of Private Defence: IPC Section 104

 “If 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 criminal trespass, not be not of any of the descriptions enumerated in the last preceding section, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions mentioned in section 99, to the voluntary causing to the wrong-doer of any harm other than death.”

Right of Private Defence: IPC Section 105

 The right of private defence of property commences when a reasonable apprehension of danger to the property commences.”

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Right of Private Defence: IPC Section 106

 “If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot efficiently exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk.”