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IPC, 1860
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IPCChapter IVSection 102
Section102

Commencement and continuance of the right of private defence of the body

AI Assist

Summary

Private defence of the body begins as soon as a person reasonably fears danger to their body from an attempt or threat to commit an offence, even if the offence has not yet occurred. The right continues for as long as that reasonable apprehension of danger remains. It permits using proportionate force to prevent the harm.

Example

Ravi is walking home when someone steps forward waving a knife and says they will stab him. Even before any blow is struck, Ravi may use necessary force to protect himself because the right of private defence has begun and continues while he reasonably fears harm.

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Enacted text

The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence though the offence may not have been committed; and it continues as long as such apprehension of danger to the body continues.

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IV

Chapter IV

General Exceptions

In this chapter

  • 76Act done by a person bound, or by mistake of fact believing himself bound, by law
  • 77Act of Judge when acting judicially
  • 78Act done pursuant to the judgment or order of Court
  • 79Act done by a person justified, or by mistake of fact believing himself, justified, by law
  • 80Accident in doing a lawful act
  • 81Act likely to cause harm, but done without criminal intent, and to prevent other harm
  • 82Act of a child under seven years of age
  • 83Act of a child above seven and under twelve of immature understanding
  • 84Act of a person of unsound mind
  • 85Act of a person incapable of judgment by reason of intoxication caused against his will
  • 86Offence requiring a particular intent or knowledge committed by one who is intoxicated
  • 87Act not intended and not known to be likely to cause death or grievous hurt, done by consent
  • 88Act not intended to cause death, done by consent in good faith for person’s benefit
  • 89Act done in good faith for benefit of child or insane person, by or by consent of guardian
  • 90Consent known to be given under fear or misconception
  • 91Exclusion of acts which are offences independently of harm cause
  • 92Act done in good faith for benefit of a person without consent
  • 93Communication made in good faith
  • 94Act to which a person is compelled by threats
  • 95Act causing slight harm
  • 96Things done in private defence
  • 97Right of private defence of the body and of property
  • 98Right of private defence against the act of a person of unsound mind, etc
  • 99Acts against which there is no right of private defence
  • 100When the right of private defence of the body extends to causing death
  • 101When such right extends to causing any harm other than death
  • 102Commencement and continuance of the right of private defence of the body
  • 103When the right of private defence of property extends to causing death
  • 104When such right to causing any harm other than death
  • 105Commencement and continuance of the right of private defence of property
  • 106Right of private defence against deadly assault when there is risk of harm to innocent person
Previous · Section 101When such right extends to causing any harm other than deathNext · Section 103When the right of private defence of property extends to causing death