Private Defence Self-Defence: According to Sub-section 98 of Pakistan Penal Code, When an act, which would otherwise be a certain Offence, is not that offence, by reason of the youth, the want of maturity of understanding, the Un-soundness 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.
Right of Private Defence
As per Section 99, the right of Private Defence of property extends, under the restrictions mentioned in this Section, 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. There is no right of Private Defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law.
According to Section 100 of PPC 1860
Section 100 the Right of Private Defence of body extends 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, as enumerated in six categories as reproduced above, but they are subjected to the restrictions mentioned in the last preceding section i.e. Section 99.
Public and Private Defences and Self -Defence and Prevention of Crime
If we comprasion with Law, than Public and Private Defences cover the common law defence of self-defence, prevention of crime under the Criminal Law Act 1967 and the protection of property under the Criminal Damage Act 1971. The basic premise of public and private defences is that it is, in some circumstances, lawful to use reasonable force in self-defence, prevention of crime or to damage property for the protection of other property. As per recently Amendments under Criminal Justice and Immigration Act 2008 has clarified some of the legal principles which emerged from case law and put them on a statutory footing. This was a consolidating measure and the Act did not seek to change the existing law.
As per Section 3 of Criminal Law Act 1967 has been provides that a person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large. According to Sec.76 of Criminal Justice and Immigration Act 2008, puts the common law of reasonable force on a statutory footing. It applies where a person is relying on self-defence, or s.3(1) of the Criminal Law Act 1967. S.76 is a consolidating section. The mahor aim is that to clarify the existing law. it does not seek to change the common law as is made clear in s.76(9). The question of whether force used is reasonable contains both subjective elements and objective elements.
Private Defence in Indian Penal Code
As per IPC, ff the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right of private defence, be theft, mischief, or criminal trespass, not of any of the descriptions enumerated in the last preceding section, that right does not extend to the voluntary causing of death,
Right to Private Defense in Sri Lanka Law
The Penal Code of Sri Lanka addresses the Right to Private Defence in Chapter IV under the title, General Exceptions in Section 89 which says “nothing is an offence which is done in the exercise of the Right of Private Defence”. Right of Private Defence is considered by natural law as a primordial right. It has both moral and practical justifications. This defence means that all human beings have a right to safe guard their life, liberty and property from harms of other persons. However the Right of Private Defence has to be supervised and controlled by law which justifies the limitations on exercise of Right of Private Defence.
Right of Private Defence can be Exercised:
Section 90 says every person has a right to defend body and property of himself or other persons.
Section 91 says Right of Private Defence can be exercised against immature persons, unsound mind or intoxication. Time of commencement, extent and termination of Right of Private Defence. Section 95 explains that the offence affecting body or property need not be actually committed but a reasonable apprehension is adequate for purpose of exercise of Right of Private Defence. It continues as long as such apprehension of danger to the body continues.
Right of Self-Defence
According to Section 100 of Pakistan Penal Code, Right of Self-defence is recognized by law of the land but it is to be exercised it circumstances so warrant. Every citizen is entitled to resist the attach and defend himself and his property when he or his property is faced with danger and when immediately the State machinery is not readily avilable. In such a situation, the eitizen is entitled to protect himself and his property.
Right of Private Defence in Pakistan Penal Code
According to Section 96 of PPC, Nothing is an offence with is done in the exercise of right of Private Defense.
Important Essential Ingredients
- Who is aggressor
- Who started the fight
- Injuries sustained from aggressor
- When there is apprehension of assault with intention of committing rape
- When there is apprehension of causing unnatural lust
- Degree of violence used against aggressor as self-defense
- Right of Private Defense of Body and Property – 97 PPC
- Firstly, own body or body of other.
- Secondly, own property or property of another.
- When there is apprehension of death
- When there is apprehension of grievous hurt
- When there is apprehension of abduction and kidnapping
- When there is intention of wrongful confinement of person
- When right of private defense of property extends to causing death
- Apprehension of Robbery
- Apprehension of house-breaking by night
- Apprehension of mischief by fire
- Theft, mischief or house-breaking with apprehension of death of person or grievous hurt.
When Self Defense is Justified
For example, if an aggressor assaults a victim but then ends the assault and indicates that there is no longer any threat of violence, then the threat of danger has ended.
How do Self Defense Laws Work
As per Law, when the use of deadly force is involved in a self-defense claim, the person must also reasonably believe that their use of deadly force is immediately necessary to prevent the other’s infliction of great bodily harm or death. Most states no longer require a person to retreat before using deadly force.
Constitutional Right to Self Defense
Self-defense is a constitutional right. So, generally speaking, courts rarely have to decide whether there is a constitutional right to self-defense, since all states generally recognize a statutory or common-law right to use force against another person in self-defense.
Constitution say about Self Defense
As per Second Amendment and the Inalienable Right to Self-Defense. A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Illustration Under Section 98 of PPC
A.. Z, under the influence of madness, attempts to kill A, Z is guilty of no offence. But A has the same right of private defence which he would have if Z were sane.
Explanation Under Section 99 of PPC
A person is not dprived of the right of private defence against as 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 servant.
Law Cases & Law Judgments
PLJ-2001 CR.C Lahore-953
PCr.LJ-2012-Lah-1238
NLR-2011-Multan-Criminal 1
PLJ-2003-SC-480
2012-Cr.LJ-NLR-367