IPC Section 96
IPC Section 96 – Things done in private defence
Plain English Meaning
This section deals with the right of private defence, i.e., when a person protects themselves or their property from harm.
Section 96 says:
“Nothing is an offense which is done in the exercise of the right of private defence.”
In simple terms:
If someone does an act to protect themselves, someone else, or their property,
And the act is reasonable and necessary,
Then that act cannot be treated as a crime under the law.
Key Points
Who can exercise private defence:
Any person facing immediate danger or threat to their life, body, or property.
It includes defending others too.
Conditions for private defence:
There must be a real or imminent threat.
The defence must be proportional to the threat.
It should be necessary to prevent harm.
Scope:
Can be applied to life, body, property, and reputation in some cases.
The act must stop the threat but not go beyond what is reasonably required.
Examples
Example 1:
A person is attacked by a thief with a knife.
They strike the thief to prevent being injured.
This action is protected under Section 96, even if it injures the attacker, because it was done in self-defence.
Example 2:
Someone is trying to burn another person’s property.
The owner intervenes and causes damage to stop the fire.
This is also protected under Section 96, as it is necessary to defend property.
Summary
Section 96 IPC ensures that actions taken in private defence are not crimes.
The act must be immediate, necessary, and proportionate.
It forms the foundation for Sections 97–106, which further explain the rights and limits of private defence.
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