Section 27
Section 27
When an act, which would otherwise be a certain offence is not that offence, by reason of not being a mumaiyiz, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.
Illustration
A under the influence of madness, attempts to commit qatl against B. A is guilty of no offence, but B has the same right of private defence which he would have if A were sane.
Acts against which there is no right of private defence 28.
(1)
There is no right of private defence against an act which does not reasonably cause the apprehension of death or of hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act may not be strictly justifiable by law.
(2)
There is no right of private defence against an act which does not reasonably cause the apprehension of death or of hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith
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under colour of his office, though that direction may not be strictly justifiable by law.
(3)
There is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities.
(4)
The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence.
Explanation 1 — A person is not deprived of the right of private defence against an act done or attempted to be done by a public servant, as such, unless he knows or has reason to believe that the person doing the act is such public servant.
Explanation 2 — A person is not deprived of the right of private defence against an act done or attempted to be done by the direction of a public servant unless he knows or has reason to believe that the person doing the act is acting by such direction or unless such person states the authority under which he acts or, if he has authority in writing, unless he produces such authority, if demanded.
When right of private defence of body extends to causing death 29.
The right of private defence of the body extends, subject to the restrictions mentioned in section 28, to the voluntary causing of death, or of any other harm, to the assailant if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated —
(a)
such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault;
(b)
such an assault as may reasonably cause the apprehension that hurt will otherwise be the consequence of such assault;
(c)
an assault with the intention of committing zina bil-jabar;
(d)
an assault with the intention of committing liwat;
(e)
an assault with the intention of abducting.
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When such right extends to causing any harm other than death 30.
If the offence be not of any of the descriptions enumerated in section 29, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions mentioned in section 28, to the voluntary causing to the assailant of any harm other than death.
Commencement and continuance of right of private defence of body 31.
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 property extends to causing death 32.
The right of private defence of property extends, under the restrictions mentioned in section 28, to the voluntary causing of death, or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter enumerated —
(a)
hirabah;
(b)
sariqah, under such circumstances as may reasonably cause apprehension that death or hurt will be the consequence, if such right of private defence is not exercised.
When such right extends to causing any harm other than death 33.
If the offence, the committing of which or the attempting to commit which, occasions the exercise of the right of private defence, be sariqah that is not of any of the descriptions enumerated in section 32, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions mentioned in section 28, to the voluntary causing to the wrongdoer of any harm other than death.
Commencement and continuance of right of private defence of property 34.
(1)
The right of private defence of property commences when a reasonable apprehension of danger to the property commences.
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(2)
The right of private defence of property against sariqah continues till 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 hirabah continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint, or as long as the fear of instant death, of instant hurt, or of instant personal restraint continues.
Right of private defence against deadly assault when there is risk of harm to innocent person 35.
If, the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender be 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.
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.
Exemption from this Part 36.
This Part only applies if not inconsistent with any other provisions of this Code.