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December 10, 2016

Right of Private Defence | Private Defense Laws in Pakistan

Right of Private Defence
According to section 96 of Pakistan Penal Code, “nothing is an offence which is done in the exercise of right of private defence”. Every person ahs right to defend (under subject to some restriction hereinafter contain);

  • His body or body of any other person against an offence effecting human body
  • The property weather moveable or immovable of himself or any other person against theft, extortion, mischief and criminal trespass
  • Right of private defence against the act of person of unsound mind

Exception to the right of private defence/ Acts against which there is no right of private defence
According to section 99 of PPC there are following exceptions to the right of private defence;

  • There is no right of private defence against an act which doest not reasonably cause the apprehension of death of grievous hurt done by public servant in good faith.
  • Directing by public servant in good faith
  • When person has time to have recourse to the public authorities
  • It cannot extend to inflicting more harm than is necessary to inflict

When Right of Private sof body extend to cause Death
According to section 100 PPC, the right of body extends, under the restriction mentioned in section 99, to voluntary causing death or any other harm to assailant if;

  • There is apprehension of death from assault
  • Apprehension of grievous hurt
  • Intention of committing rape
  • Intention of committing un-natural lust
  • Intention of kidnapping or abducting
  • Intention of wrongfully confining a person, when he apprehend that he be unable to recourse to public authorities for his release.

When Right of Private Defence of property extend to causing Death
The right of private defence extends under restriction mentioned in section 99, to voluntary causing death or any other harm if;

  • There is apprehension of robbery
  • Apprehension of house-breaking by night
  • Mischief by fire committed on any dwelling place
  • Theft, mischief or house trespass and danger of death or grievous hurt

Comments

  1. NEED OF THE DAY: It is the need of the day that the reported judgments and decisions of the higher courts may be made available free on line, enabling the people and the lawyers to avail such facility. I appreciate this site also.

  2. t.hussain says:

    Reapected sir
    i am a alone person my all relative not like me after my parents death because my father property house bank balance shops etc after my father death i am very unsecure i have no money my own house is unsecure my father property docoments and my cnic all papers in my greedy elder brother hand
    sir yey log nahee chahtay k mai succession certificate bana kr apna haq lay sakoon aik sazish k tahat in logo nay madical banwa rakha hai jis per yey darj hai k mai pagal hoon plz sir help me for GOD

  3. Conflicting judgments made litigation complicated and made fair trial dificult.

  4. Your article petelcrfy shows what I needed to know, thanks!

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