Right of Private Defence in Pakistan Penal Code

Right of Private Defense

Nothing is an offence with is done in the exercise of right of Private Defense – 96 PPC

Essential ingredients

• Who is aggressor
• Who started the fight
• Injuries sustained from aggressor
• Degree of violence used against aggressor as self-defense

Right of Private Defense of Body and Property – 97 PPC

• Firstly, own body or body of other.
• Secondly, own property or property of another.

Acts against which no right of Private Defense – 99 PPC

• When such act don’t not cause apprehension of death or grievous hurt by Public Servant acting in good faith.
• When it does not cause apprehension of death or grievous hurt by person acting on the direction of public servant.
• When person has time to recourse to public authorities.

When right of Private Defense of body extends to cause death of aggressor – 100 PPC

• When there is apprehension of death
• When there is apprehension of grievous hurt
• When there is apprehension of assault with intention of committing rape
• When there is apprehension of causing unnatural lust
• When there is apprehension of abduction and kidnapping
• When there is intention of wrongful confinement of person

When right of private defense of property extends to causing death

• Apprehension of Robbery
• Apprehension of house-breaking by night
• Apprehension of mischief by fire
• Theft, mischief or house-breaking with apprehension of death of person or grievous hurt