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WHEN
DOES THE RIGHT OF PRIVATE DEFENCE OF THE BODY EXTENDS TO CAUSING DEATH
The
law authorizes a man who is under a reasonable apprehension that his life is in
danger or his body in risk of grievous hurt to inflict death upon his assailant
either when the assault is attempted or directly threatened, but it must be proportionate
to or commensurate with the quality and character of the act it is intended to
meet and what is done in excess is not protected.
The right of private
defence of the body extends to the causing of death or any other harm to the assailant
under the following circumstances:
An assault causing reasonable apprehension
of death.
An assault causing reasonable apprehension of grievous hurt.
An assault with the intention of committing rape.
An assault with intention
of kidnapping or abducting.
An assault with the intention of gratifying
unnatural lust.
An assault with the intention of wrongfully confining
a person under circumstances which may cause him to apprehend that he will be
unable to have recourse to the public authorities for his release.
Any
harm short of death can be inflicted in exercising the right of private defence
in any case, which do not fall under the above circumstances
The right
of private defence 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
PUNISHMENT
The Court will decide
the punishment after considering whether there was a reasonable apprehension of
death or not.
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