Section 100 of IPC
Section 100 IPC – Right of Private Defence of the Body
Bare Provision
The right of private defence of the body extends, under the restrictions mentioned in Section 99, to the voluntary causing of death if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated…
This means in certain grave situations, a person can lawfully cause death of the assailant in exercise of self-defence.
Essentials
To invoke Section 100 IPC:
Existence of Threat / Offence
– The threat must be of such nature that it creates reasonable apprehension of death or grievous hurt.
Reasonable Apprehension
– The defender need not wait for the actual attack. If there is an imminent danger, he can act in defence.
Good Faith
– The act must be done in good faith, not for revenge.
No Safe Retreat Necessary
– The defender is not bound to run away if attacked; he can defend himself.
Instances Where Right Extends to Causing Death
According to Section 100 IPC, this right arises when the assault causes reasonable apprehension of:
Assault causing reasonable apprehension of death
Assault causing reasonable apprehension of grievous hurt
Assault with the intention of committing rape
Assault with the intention of gratifying unnatural lust (sodomy etc.)
Assault with the intention of kidnapping or abducting
Assault with the intention of wrongfully confining a person – under circumstances where confinement may cause apprehension of death/grievous hurt if not defended.
Acid attack (inserted by Criminal Law Amendment Act, 2013).
Limitations (Section 99 IPC)
The right does not extend to inflicting more harm than necessary.
No right of private defence against a public servant acting lawfully.
Right is only against imminent unlawful attack.
Case Laws on Section 100 IPC
1. Darshan Singh v. State of Punjab (2010) 2 SCC 333
Principle: The Supreme Court clarified the law on private defence:
Not necessary to prove actual injury before exercising the right.
Even reasonable apprehension is enough.
Defender need not run away.
But force used must be proportionate and in good faith.
2. Bhanwar Singh v. State of M.P. (2008) 16 SCC 657
Held: When accused caused death of aggressor while defending himself from grievous hurt, he was protected under Section 100 IPC.
3. Yogendra Morarji v. State of Gujarat (1980 AIR 660, SC)
Facts: Accused assaulted to protect himself from unlawful confinement.
Held: Right of private defence extended even to causing death where wrongful confinement created fear of grievous hurt.
4. Munshi Ram v. Delhi Administration (AIR 1968 SC 702)
Principle: If there is sufficient time to approach public authorities, the right of private defence cannot be pleaded.
5. Rizan v. State of Chhattisgarh (2003) 2 SCC 661
Held: The burden of proof is on the accused to establish circumstances of private defence, but he need not prove it beyond reasonable doubt. If there is probability, benefit goes to accused.
Summary Table
| Aspect | Explanation |
|---|---|
| Section | 100 IPC |
| Scope | Right of private defence extends to causing death of aggressor. |
| When Applicable | Reasonable apprehension of death, grievous hurt, rape, sodomy, kidnapping, abduction, wrongful confinement, acid attack. |
| Limitations | Harm must not exceed necessary; not against lawful acts of public servants; only when danger is imminent. |
| Key Cases | Darshan Singh v. State of Punjab (2010), Bhanwar Singh (2008), Yogendra Morarji (1980), Munshi Ram (1968), Rizan v. State of Chhattisgarh (2003). |
✅ In short, Section 100 IPC allows a person to even kill an assailant in self-defence when faced with imminent danger to life, grievous hurt, rape, sodomy, kidnapping, confinement, or acid attack.
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