Private Defence in IPC
⚖️ Private Defence in IPC (Sections 96–106)
1. Concept
Defined under Sections 96–106 IPC.
It is a natural right of every person to protect:
His own body and life.
Body and life of any other person.
His property, movable or immovable.
Property of another person.
It is a preventive right, not a punitive one – meaning it is to prevent harm, not to take revenge.
2. Scope (Section 96)
“Nothing is an offence which is done in the exercise of the right of private defence.”
This right is subject to restrictions given in IPC.
3. Private Defence of the Body (Sections 97–106)
(a) Section 97 – Right extends to:
Defence of one’s own body or another’s body against offences affecting the human body.
Defence of property (own or others) against theft, robbery, mischief, criminal trespass.
(b) Section 98 – Right against acts of persons of unsound mind, intoxicated, or under misconception.
➡️ Even if the aggressor is insane, the defender has the right.
(c) Section 99 – Limitations of the right:
No right against lawful acts of public servants acting in good faith.
No right if there is time to seek protection of public authorities.
The force used must be proportionate.
(d) Section 100 – Right of private defence of body extends to causing death if:
Assault causing reasonable apprehension of death.
Assault causing reasonable apprehension of grievous hurt.
Assault with intention to commit rape.
Assault with intention of gratifying unnatural lust.
Assault with intention of kidnapping or abducting.
Assault with intention of wrongful confinement, causing fear of death/grievous hurt.
Case: Darshan Singh v. State of Punjab (2010) – SC held that private defence is a very valuable right but cannot be used as retaliation.
(e) Section 101 – In other cases (not covered under Sec. 100), the right extends to causing any harm other than death.
(f) Section 102 – When it commences & continues:
Commences: As soon as a reasonable apprehension of danger arises.
Continues: Till such apprehension continues.
Case: Wassan Singh v. State of Punjab (1996) – Right of private defence is available only till danger continues, not after danger has ceased.
(g) Section 103 – Right of private defence of property extends to causing death when offence is:
Robbery.
House-breaking by night.
Mischief by fire to dwelling place.
Theft, mischief, or house-trespass with reasonable apprehension of death or grievous hurt.
(h) Section 104 – In other property cases (not in Sec. 103), right extends to causing any harm except death.
(i) Section 105 – When right of private defence of property commences & continues:
Commences: When apprehension of danger begins.
Continues: Until danger continues (e.g., theft continues until property is recovered, robbery continues till offender escapes, etc.).
(j) Section 106 – Right of private defence against deadly assault when harm may extend to innocent persons.
Example: If surrounded by attackers, a person may fire in defence, even if an innocent bystander may get hurt.
4. Important Case Laws
Darshan Singh v. State of Punjab (2010): Right of private defence is preventive, not punitive.
Wassan Singh v. State of Punjab (1996): Private defence is available only till threat persists.
Munshi Ram v. Delhi Administration (1968): No need to run away when threatened; one can exercise private defence.
State of UP v. Ram Swarup (1974): No right when time to seek police help is available.
Butta Singh v. State of Punjab (1991): Use of disproportionate force not protected.
📊 Summary Table – Private Defence in IPC
| Section | Provision | Scope |
|---|---|---|
| 96 | Things done in private defence not offence | General protection |
| 97 | Right to defend body & property | Own or others’ |
| 98 | Against unsound mind/intoxicated | Still valid |
| 99 | Limitations | No excess force, no defence vs. lawful acts |
| 100 | Defence of body → causing death | Rape, murder, grievous hurt, kidnapping, etc. |
| 101 | Other cases → harm except death | Lesser offences |
| 102 | Commencement & continuance (body) | Starts with apprehension, ends with danger |
| 103 | Defence of property → causing death | Robbery, house-breaking, fire, etc. |
| 104 | Other property cases | Harm except death |
| 105 | Commencement & continuance (property) | As long as threat continues |
| 106 | Defence even if risk to innocents | Allowed in unavoidable situations |
✅ In short: Private defence is a shield, not a sword.
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