Understanding the Law of Private Defence
The right of private defence is one of the most important protections granted to individuals under the Indian Penal Code (IPC). It recognizes that the law cannot be everywhere at every moment to protect every person. Therefore, when a citizen is suddenly faced with danger to life, limb, property, or dignity, the law permits reasonable force to ward off the threat. This concept forms a crucial balance between self-protection and misuse of force.
Private defence is dealt with under Sections 96 to 106 of the IPC, and these provisions together explain when, how, and to what extent a person may use force—even deadly force—without attracting criminal liability.
Concept and Scope of Private Defence
What Is Private Defence?
Private defence means the right of an individual to protect themselves or another person or property against unlawful aggression. It covers emergencies where immediate help cannot be sought from police or authorities.
Section 96 IPC clearly states:
“No act done in the exercise of the right of private defence is an offence.”
Thus, if a person acts within lawful limits of private defence, they cannot be punished.
Essential Conditions for Exercising Private Defence
1. There Must Be an Imminent Threat
The danger must be real, immediate, and not hypothetical. The law does not permit private defence for distant or uncertain threats.
Example:
If a robber points a knife at A and demands money, A can rightfully defend himself by using force.
2. The Threat Must Be Unlawful
The attacker must be committing an illegal act. Private defence cannot be claimed against lawful actions like police arresting a person legally.
Example:
If police arrest B under a valid warrant, B cannot assault the officers claiming private defence.
3. No Safe or Reasonable Means of Escape
A person can exercise private defence only when it is not possible to escape safely. The right is not to retaliate but to protect.
4. Force Used Must Be Proportionate
The defender cannot use more force than necessary. The response should match the level of danger perceived.
Example:
If someone slaps C, C cannot stab them with a knife in the name of defence.
When Does the Right Extend to Causing Death?
The IPC permits causing death in private defence under Sections 100 and 103 when the threat is extremely serious.
1. Private Defence of Body (Section 100 IPC)
A person may cause death if the assault threatens:
- Death
- Grievous hurt
- Rape
- Unnatural lust
- Kidnapping or abduction
- Wrongful confinement that may lead to death
Example:
If a person attacks D with a deadly weapon intending to kill, D may use lethal force to save his life.
2. Private Defence of Property (Section 103 IPC)
Lethal force is allowed to prevent:
- Robbery
- Housebreaking by night
- Mischief by fire to dwelling, warehouse, or vessel
- Theft, mischief, or house-trespass causing reasonable fear of death or grievous hurt
Example:
If burglars break into E’s house at night with weapons, E may use force that may even result in death.
Acts Not Covered by Private Defence
1. No Right After Threat Has Ended
Once the danger passes, the right ends immediately. Retaliation is not defence.
Example:
If the attacker runs away, the victim cannot chase and stab him.
2. No Right Against Innocent Persons
You cannot harm someone who accidentally causes harm without criminal intent.
Example:
If a child accidentally throws a stone hitting F, F cannot attack the child.
3. No Right When There Is Time to Get Public Authority Help
If police are available and can prevent the danger, a person must seek help instead of taking drastic measures.
Special Provisions under the IPC
1. Right of Defence Even Against a Person of Unsound Mind (Section 98)
Even if the attacker is a child, insane person, or intoxicated person, the defender has a right to protect themselves because the threat is real regardless of the aggressor’s intent.
2. Right of Defence Extends to Aiding Another Person (Section 97)
One can protect not only themselves but also another person or another’s property.
Example:
G may defend H from an attacker even if H is a stranger.
3. Commencement and Continuance of the Right (Section 102 & 105)
The right begins as soon as the danger begins and continues as long as the threat persists.
4. Excess of Private Defence (Section 99)
If a person exceeds necessary force, they may be liable for the excessive portion of the act.
Example:
If J disarms a thief but then continues to beat him mercilessly, J becomes criminally liable.
Illustrative Examples of Private Defence
Example 1: Defence of Body
If a group of men attempt to assault a woman with the intention of rape, she or anyone nearby may use any level of force—including causing death—to prevent the rape.
Example 2: Defence of Property
If an armed gang attempts robbery in a farmhouse, the owners can resist with force even to the extent of causing death, because robbery creates fear of death or grievous harm.
Example 3: Defence of Another Person
A security guard who sees an attacker stabbing a shopper may shoot the attacker to save the victim. This act is lawful.
Judicial Views on Private Defence
Indian courts consistently emphasize the balance between self-protection and misuse of force.
The Supreme Court has observed:
“The right of private defence is a defensive and not a retributive right.”
It also clarified that a person faced with sudden danger cannot be expected to weigh the force used in golden scales.
Thus, the assessment must consider the circumstances realistically.
Mnemonic Sentence to Remember the Key Principles
“Threat Real, Force Ideal, Life or Property, Defence is Lawful Totally.”
(Meaning: Real threat, proportionate force, applied to life or property—private defence becomes fully lawful.)
