When the right of private defence of the body extends to causing death
AI Assist
Summary
Private defence of the body can include voluntarily causing death or serious harm to an assailant, subject to the general legal limits. It applies when the attack reasonably creates fear of death or grievous hurt, or when the assailant intends rape, unnatural lust, kidnapping, wrongful confinement that prevents seeking help, or an acid attack. In those situations causing death may be lawful.
Example
Ravi is walking home when a stranger lunges at him with a knife and Ravi reasonably fears he will be killed. Ravi stabs the attacker and the attacker dies. Because the assault created a real apprehension of death, Ravi's use of force may be lawful as private defence even though it caused death.
Bare Act
Enacted textThe right of private defence of the body extends, under the restrictions mentioned in the last preceding section, 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:
(1) Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault;
(2) Such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault;
(3) An assault with the intention of committing rape;
(4) An assault with the intention of gratifying unnatural lust;
(5) An assault with the intention of kidnapping or abducting;
(6) 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.
(7) 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.1
1 Criminal Law (Amendment) Act, 2013
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