INDIAN PENAL CODE

RIGHT OF PRIVATE
DEFENCE
SUBMITTED BY:
iNSP/EXE P PRASAD
 WARMING UP
– Imagine that a person attacked you and
man handled you. When you tried to
defend yourself you caused hurt to the
aggressor.

– Whether your act amounts to an offence?

– If not which law protects you?
 RELEVANCY OF TOPIC TO CISF PERSONNEL

• CISF is deputed for any undertaking to protect

and safeguard its property and employees
• So it is very much relevant that CISF personnel
must be conversant with legal provisions and its
punishments to avoid any legal or administrative
lapses.
 Learning objectives
• At the end of the session the participants will be able
to:-

– Explain the meaning of right of private defence

– List out the limitations of right of private defence
– List out circumstances under which death can be
caused while exercising the right of private
defence of body and property
– Describe the commencement and continuation of
right of private defence
 Competency Covered
• AC/Insp/Plant
• I/C CIW
• AC/Insp/Legal
• On any capacity of duties
 RIGHT OF PRIVATE
DEFENCE (ROPD)
• ROPD is defined as all rights provided
by law to defend
• own body, others’ body,
• own property and others’ property
• from any harm and danger.
 ALWAYS REMEMBER
• Shield to defend not to offend

• No right to the aggressor

• Only as last resort

• In a free fight neither side has ROPD

• Burden of proof always on one who

pleads ROPD
RIGHT OF PRIVATE DEFENCE (R O P D)
SECTION 96 –106.

• SECTION -96
Nothing is an offence which is done in the
exercise of ROPD.
SECTION –97-ROPD OF THE
BODY & OF PROPERTY.
• RIGHT TO DEFEND
Own body Own property
Other persons body Any others property

Affecting body From offence

offence like- affecting property
Hurt,Rape etc. like –
Theft,Robbery etc.
 SECTION :-98
• Right of private defence is also available
against an act done by-
a)Minor (below 7 years of age or immature
understanding below 12 years of age)
b) Unsound man
c)An intoxicated person or misconception
 LEARNING RE-CALL
• What is Right of private defence?
• If an intoxicated person attacks upon you
without any reason, can you exercise ROPD?
• If your neighbor's car is being stolen by
someone and you don’t have time to inform
someone, can you exercise ROPD?
SECTION-99-ACTS AGAINST WHICH
THERE IS NO ROPD:-

1. No ROPD against an act;

-of a public servant
-Under a direction of a public servant

2 .No ROPD when there is time to have

protection of the public authorities.
 SECTION –100.
Under the restrictions given in Sec.99.
Death or any other harm to the assailant can be caused,
if the assault is to cause:
1.Death
2.Grevious Hurt (Sec.320 IPC)
3.Rape(Sec.375 IPC) 07
4.Gratifying unnatural lust
5.Kidnapping(Sec.359)Or Abduction (Sec.362)
6.Wrongful confinement (Sec.340) when unable to take
assistance from public authorities.
7. Acid attack (Sections 326A-326B-IPC Amendment
2013)
 LEARNING RE-CALL
• In how many circumstances the Right of
private defence can be up to causing death?
• What are the circumstances the Right of
private defence can be up to causing death?
• If as being a government servant you have
been ordered to use the force upon an
unlawful assembly, can ROPD be exercised
against you?
 SECTION -102
• Commencement and continuance of the
ROPD of body
• Commencement when Apprehension of
danger to the body arises
• Continuance when apprehension of danger
till it continues
 SECTION-103
• ROPD of property extends to causing death.
• Under restrictions given in Sec.99
• ROPD extends to causing death or any other harm of a
person in case of-
 Robery
 House breaking by night
 Mischief by fire
 Theft
 Mischeif
 House trespass
When reasonable apprehension of
death or Grievous hurt is caused.
SEC-105: COMMENCEMENT AND
CONTINUATION OF ROPD OF
PROPERTY
AGAINST THEFT

– TILL:-
• The offender has effected his retreat
• The assistance of public authorities obtained
• Property has been recovered
 SEC-106 :
ROPD AGAINST DEADLY ASSAULT WHEN THERE IS
RISK OF HARM TO INNOCENT PERSON

ROPD can be exercised against a deadly

assault even if it runs the risk of causing
harm to an innocent person.
 LEARNING RE-CALL
The right to private defence is based on the natural instinct of
(a) self-preservation
(b) self-respect
(c) self-sufficiency
(d) self-reliance.
Right to private defence is
(a) available under all circumstances
(b) available where there is time to have the recourse to the
protection of public authorities
(c) available where there is no time to have recourse to the
protection of public authorities
(d) all of the above.
 LEARNING RE-CALL
• Someone caught a thief while stealing his property
and after recovery of property he started beating
the thief and further tried to justify his act of
beating as ROPD, is it valid? Why?
• What are the circumstances the Right of private
defence can be up to causing death while
protecting the property ?
• If an innocent person is likely to cause harm while
using a valid ROPD, can ROPD be exercised even
after knowing the fact?
 Before Finishing

• QUESTIONS/CLARIFICATION
Thank You