When!!!! No right of private defense?

Home Forums Private Defence under Threat When!!!! No right of private defense?

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      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 ].

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