RIGHT OF PRIVATE DEFENCE OF BODY UNDER SECTION 100 OF THE INDIAN PENAL CODE 1860

Introduction There are circumstances when the state mechanism may not be accessible to the citizens to defend themselves in case of impending danger, and in those situations, a person is allowed to employ force to avert the impending threat. People have the right to protect themselves when state aid cannot be obtained and this right is called the right of private defence of body.2 This right is provided under Sections 96-106 of the Indian Penal Code (IPC). 3However, this right can only be exercised when the circumstances justify it and not otherwise. The right of private defence is subject to restrictions given under Section 99 of the IPC. Section 99 provides that the right to private defence cannot be availed when there is sufficient time to take recourse to the public authorities, and also not against a public servant acting in good faith under a legal duty unless reasonable apprehension is caused. It also provides that force used must not be excessive than is necessary to ward off the impending threat.