Section 102
Commencement and continuance of right of private defence of body
of Penal Code
The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence, though the offence may not have been committed and it continues as long as such apprehension of danger to the body continues.
When right of private defence of body extends to causing death 103.
The right of private defence of property extends, under the restrictions mentioned in section 99, to the voluntary causing of death, or of any other harm to the wrongdoer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right is an offence of any of the following descriptions -
(a)
robbery
(b)
house-breaking by night;
(c)
mischief by fire committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or as a place for the custody of property;
(4 theft, mischief or house-trespass. under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised.
Penal Code
CAP. 22 57
When right of private defence extends to causing any harm other than death
U14, If the offence,_themmrnitting of whch,ar the attemptmgbwmmit which. occasions the exercise of the right of private defence is theft, mischief or criminal trespass. not of any of the descriptions mentioned in section 103, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions mentioned in section 99, to the a voluntary causing to the wrongdoer of any harm other than death.
Commencement and continuance of right of private defence of property 105.
(1)
The right of private defence of property commences when a reasonable apprehension of danger to the property commences.
(2)
The right of private defence of property against theft continues until the offender has effected his retreat with the property or either the assistance of the public authorities is obtained or the property has been recovered.
(3)
The right of private defence of property against robbery continues as long as the offender causes or attempts to cause to any person death, hurt or wrongful restraint, or as long as the fear of instant death or of instant personal restraint continues.
(4)
The right of private defence of property against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief.
(5)
The right of private defence of property against house-breaking by night continues as long as the house-trespass which has been begun by the house-breaking continues.
Right of private defence against deadly assault when there is risk of harm to innocent person 106.
If, in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death the defender is so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk.
B. L.R.O. 5.2021
58
Penal Code
Illustration
A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children.