Right of private defence section (96 to 106 )

 Right of private defence section 96 to 106 

 law confers right on every individual to defend his right liberty and prosperity when he is confronted with an imminent danger or unlawful aggression.

 Right to private defence means committing an offence in an exercise of one's own right to defend / protect his life liberty or property .

Example attacks be to kill him be in order to to save himself kills a bi is said to have exercised his right of private defence B can complete the defence to get exemption from criminal liability.

 the law relating to private defence is based on the following principles.

- everyone has the right to defend one's own body or property and also different others body are property at the time of immediate  necessity.

- the right cannot be exercise to cause harm to another as servant

 section 96 nothing is an offence which is done in the exercise of the right of private defence

 reason for differences

1. state undertakes to protect the individual against unlawful attack or their persons or property.

2. bus touch protection from the state cannot be obtained by the individual who is threatened can do everything that is necessary to protect himself.

3. the violence used in the protection must be in proportion to the injury to be affected and must not be used to revenge against the aggressor.

 section 97 every person has the right to defend

1. his own body and body of another person against any other person affecting human body.

2. the property we'll or immovable of himself or of any other person against theft robbery Mischief or criminal trespass  etc.

 the right to protect ones own person and property against the uncalled aggression to another is an inherent right of our aim and was a duty to society to protect person and property of others is an inherent right  of all. A man was a duty to society to protect person and property of others. it concerns the public safety that every honest man should consider himself as a natural protection of each other .

Normally that use must plead the right of private defence to stop but even if an accused does not Please self defence it is open to the court to consider the peel of private defence if it arises from material of record.

 the burden of an accused person to establish The Appeal of self defence is not onerous as the one of which lies on protection. while the prosecution is required to prove its case beyond reasonable doubt that used need not be established  plea.

 section 98 right of private defence against the act of person of unsound mind.

 example Z under the influence of Madness attempts to kill a z is guilty of offence. but a has the same right of private defence which key would have if that were Sane.

 the right of private defence does not depend upon the actual similarity of the aggressor but all the wrongful character of the act attempted.

 sector 99  act against which there is no right of private defence

- no right of private defence against an act done or attempted to be done for by the direction of a public servant.

- the public servant must have done the act in good faith.

- at must be such does not cause reasonable apprehension of death for  grievous hurt.

- at must be strictly justifiable by law.

- Act done by public servant it is our authorities.

Section hundred when right of private defence of the body extends to causing death.

- apprehension of death

- grievous hurt

- an  assert with intention of committing rape

- an accused with the intention of gratifying  unnatural lust.

- an acid with an intention of kidnapping or  abducting.

-  wrongfully confining a person.

 burden of proof

 depends on facts and circumstances lead to  free preponderance of probabilities in favor of Defence.

Section 101  when search write extends to causing any harm other than death.

 any harm short of death can be inflicted in exercising the right of private defence. the accused is required to prove one day that he did not violate the limits.

 section 10 2 commencement and continuance

 right of private defence commences as soon as reasonable apprehension of danger to body arises and right last so long as reasonable apprehension of danger to body continuous.

 section 103 when right of private defence of property extends to causing death

- robbery

-  housebreaking by night

-  mischief

- theft

 a person may cause death in safeguarding his own property or the property of someone else when there is a reason for attention the person whose death has caused was about to commit  offences.

 section 104 when such that extends to causing any harm other than death

 the true  owner has a right to dispose address pass while the latter is in the act or process after passing. this section justify causing of any harmful start of death in exercise of the right of private defence of property.

 Section  105 commencement and   continuance

Write comment has been a reasonable apprehension of danger the property commences. one can act before actual harm is done.

 section 106 deadly assault when there is service cut harm to innocent person.

 a is attacked by mob what times to murder him. he cannot effectively exercise is right without firing on mob and he cannot fire without risk of  harming