When the right of private defence of the body extends to causing death
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Summary
Killing or causing other harm may be lawful as private defence of the body when the attack is of certain serious kinds. This covers assaults that reasonably create fear of death or grievous hurt, assaults meant to commit rape, to gratify unnatural lust, to kidnap or abduct, to wrongfully confine when the victim reasonably fears they cannot get help, and acid attacks or attempts. The force used must still stay within the limits set out in section 37.
Example
Priya is grabbed by a stranger who tries to drag her into a vehicle to kidnap her. Fearing she cannot get help, she uses lethal force and the attacker dies. Her action falls under private defence and is permissible here, subject to the limits in section 37.
Bare Act
Enacted textThe right of private defence of the body extends, under the restrictions specified in section 37, 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, namely:
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(a) such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault;
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(b) such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault;
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(c) an assault with the intention of committing rape;
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(d) an assault with the intention of gratifying unnatural lust;
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(e) an assault with the intention of kidnapping or abducting;
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(f) an assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release;
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(g) an act of throwing or administering acid or an attempt to throw or administer acid which may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such act.
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