Private Defence under Threat
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As per Sec 99 of Indian Penal Code 1860, 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.
Ques: As per Sec 99 of IPC 1860, 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.
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When!!!! No right of private defense?
Section 99 provides conditions and limitations to enjoy the right to private defense against anyone. The section gives a defensive right to a man and not an offensive right. The first two clauses of this section say that a private defense can’t be enjoyed against a public servant or someone acting on behalf of a public servant in a good faith (section 52 of IPC 1860) is performing his legal duty. The Y gave a blow to X a police officer who had gone to collect the milk tax and had seized Y’s buffalo. Here Y can’t enjoy private defense because X’s police officer was performing his legal duty in a good faith [ Kesho Ram v/s Delhi Administration AIR 1974 ]. X a police officer gets information that certain stolen property was in the possession under Y. On arriving Y house officer found Y was not at home and Y’s wife asked to wait until the arrival of her husband. But X refuses to wait and threatened the woman. On hearing his cries, the Z rushed to the spot to help. In that situation, Z snatched a heavy stick and hit two blows on the forehead of X, which gives fatal. In this situation, the officer was not performing his legal duty in a good faith and Z can’t plead right to private defense for it. [ Parm Sukh v/s Emperor AIR 1926 All 147 ]. Similar the third clauses also restrict the right to private defense, if there is time to get the help of public authorities and if time is not there, then the harm in no case be in excess that may be necessary for defense. The X and his friends went out on a moonlight night and assaulted Y who was cutting rice in their field because of injuries Y died on the spot. Here X and his friends will be charged for murder as they had sufficient time to get help from public authorities [ Emperor v/s mammun ].
Exceptions of Private Defense
In IPC, there are some rights of private defences given to the person or property to defend himself or of any other person against an act of another, which if the private defence is not pleaded would have amounted to a crime.
Though there are some exceptions when right of private defence cannot be exercised.
Section 99 lays down the conditions and limits within which the right of private defence can be exercised. –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, by a public servant acting in good faith under color of his office, though that act, may not be strictly justifiable by law.
The first two clauses of the section provide that there is no right of private defence against the public servant or person acting in good faith in the exercise of his legal duty provided that the act is not illegal.
The third clause restricts the right if private defence when there is sufficient time for recourse to the public authorities.
And the right must be not be exceeded the harm caused.
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