Right of private defence of the body and of property
AI Assist
Summary
Anyone may use necessary force to defend their own body or another person’s body against offences that affect the human body. They may also defend their own or another person’s movable or immovable property against theft, robbery, mischief, criminal trespass, or attempts at those offences. The right is subject to legal limits on how much force is reasonable.
Example
Priya sees someone trying to break into her shop at night. She may use reasonable force to stop the trespasser and protect her stock, and that action is legally defensible so long as she does not exceed the permitted limits on force.
Bare Act
Enacted textEvery person has a right, subject to the restrictions contained in section 99, to defend -
(1) His own body, and the body of any other person, against any offence affecting the human body;
(2) The property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.
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