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March 23, 2017

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

 

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