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Death Caused in Self-Defence

Section 100 and 101 define the extent of the right of private defence of body. If a person has a right of private defence body section 97, that right extends, under this section, to causing death under the enumerated situations.

Section 100 read: “The right of private defence of the body extend, under the restrictions mentioned in the last preceding Section (Section 99), 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 any of the descriptions hereinafter enumerated namely: Firstly: 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 the consequence of such assault,

Thirdly; An assault with the intention of committing rape;

Fourthly: an assault with the intention of gratifying unnatural lust,

Fifthly: an assault with the intention of kidnapping or abduction;

Sixthly: an assault with the intention of wrongfully confining person under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release.”

Reasonable Apprehension of Death or Grievous Hurt: Clauses (1) and (2): These clauses do not lay down that grievous hurt must be actually caused by the assailant before the right of private defense comes into play. No court expects the citizen not to defend injuries. All that this Section lays down, is that the person claiming the right of private defense must be under a bona fide apprehension or fear that death or grievous hurt would otherwise be the consequence of the assault on him, if he does not defend himself.




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