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
Liaqat says
How can decide a defender that attacker will hurt him graviuse or non graviuse