Acts against which there is no right of private defence
AI Assist
Summary
No right of private defence against acts that do not reasonably cause fear of death or grievous hurt when done or attempted by a public servant acting in good faith under colour of office, or by someone acting under his direction, even if not strictly lawful. If there is time to approach public authorities, private defence is excluded. Private defence must not inflict more harm than necessary. The right remains if the defender did not know or have reason to believe the actor was a public servant or acting by such direction, unless the authority was stated or produced.
Example
Priya runs a small roadside stall. A municipal inspector in plain clothes orders a helper to seize her tea cups; the seizure is not likely to cause death or grievous hurt and there is time to approach the magistrate or police. She cannot use private defence to forcibly resist and must not inflict more harm than necessary. If she honestly did not know he was an inspector or acting on an official's direction, private defence may still be available unless he states or produces authority.
Bare Act
Enacted text(1) There is no right of private defence,
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(a) against an act which does not reasonably cause the apprehension of death or of grievous 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;
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(b) 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;
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(c) in cases in which there is time to have recourse to the protection of the public authorities.
(2) 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.
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