Self Defence in IPC
Self-Defence in IPC (Right of Private Defence)
Relevant Sections
Sections 96 to 106 IPC deal with private defence.
1. Meaning
👉 The law permits an individual to protect their own body and property, or that of another person, against unlawful aggression, even by causing harm to the aggressor.
This is called the Right of Private Defence (Self-Defence).
2. General Rule (Section 96 IPC)
“Nothing is an offence which is done in the exercise of the right of private defence.”
This means: If a person acts reasonably and lawfully to protect himself/others/property, he will not be guilty.
3. Against Whom?
Right of private defence is available against:
Body → Protecting one’s own body or another’s body.
Property → Protecting one’s own or another’s property against theft, robbery, mischief, house-trespass.
4. When the Right Arises
When there is reasonable apprehension of danger (to body or property).
Actual attack is not necessary; even threat is enough if imminent.
Right exists only against unlawful acts (not against lawful arrest, police action, etc.).
5. Extent of Right
(a) Against Body (Sec. 97 & 100 IPC)
One may defend own body or another’s.
Can cause death if assault causes reasonable apprehension of:
Death
Grievous hurt
Rape
Unnatural lust (sodomy)
Kidnapping/abduction
Wrongful confinement preventing lawful defence
👉 In other cases, only reasonable harm (not death) can be caused.
(b) Against Property (Sec. 97 & 103 IPC)
Can defend property (own/others) against theft, robbery, mischief, or house trespass.
Can cause death if offence is:
Robbery
House-breaking by night
Mischief by fire to dwelling house
Theft, mischief, or house-trespass with reasonable fear of death or grievous hurt
6. Limitations (Secs. 99, 105, 106 IPC)
No right against lawful acts of public servants.
No right when time to seek help from authorities exists.
Harm should not be more than necessary for defence.
Right continues as long as danger continues (not after threat ends).
Right of defence even against innocent person (Sec. 106):
If you cannot avoid harming an innocent while defending yourself, it is excused (e.g., firing at attacker in crowd and hitting a bystander).
7. Case Laws
K.M. Nanavati v. State of Maharashtra (AIR 1962 SC 605)
Right of private defence cannot be used when there is sufficient time to approach authorities.
Darshan Singh v. State of Punjab (2010) 2 SCC 333
SC clarified principles:
Right of private defence is preventive, not retributive.
Must be judged from perspective of the accused.
State of U.P. v. Ram Swarup (1974)
Force used must be proportionate and necessary.
8. Summary Table
| Aspect | Body | Property |
|---|---|---|
| Arises when | Assault causes apprehension of harm | Theft, robbery, mischief, house trespass |
| Extent | May extend to causing death in cases under Sec. 100 | May extend to causing death in cases under Sec. 103 |
| Limits | No more harm than necessary; ends with danger | Same |
| Exceptions | No right against lawful acts of police/public servants | Same |
✅ In short: Self-defence under IPC allows a person to use necessary and reasonable force to protect life, liberty, and property, but not to take revenge or inflict disproportionate harm.
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