Acts against which there is no right of private defence
AI Assist
Summary
You cannot claim private defence against a public servant who, acting in good faith under colour of office or by his direction, does or attempts an act that would not reasonably cause fear of death or grievous hurt, even if not strictly lawful. Private defence is also barred when there is time to seek public protection, and it must not inflict more harm than necessary. The right survives if you did not know, or had no reason to believe, the actor was a public servant or acting by such direction unless authority is shown.
Example
Ravi is packing his shop when a plainclothes officer grabs his arm and orders him to stop trading. The grab did not create fear of death or grievous hurt and Ravi could have sought help from authorities, so he cannot use private defence and should seek a remedy from the police or magistrate. If Ravi honestly did not know the person was an officer, private defence may still be available unless the officer shows authority.
Bare Act
Enacted textThere is no right of private defence 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.
There is no right of private defence 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.
There is no right of private defence in cases in which there is time to have recourse to protection of the public authorities.
Extent to which the right may be exercised – 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.
Explanations
(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.
(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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