Indian Penal Code Ipc 1860
|10/09/2013||Posted by under Acts & Rules|
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Section 97. Right of private defence of the body and of property
Every person has a right, subject to the restrictions contained in section 99, to defend—
First.— His own body, and the body of any other person, against any offence affecting the human body;
Secondly.—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.
Defence of body and property: scope
Where the accused persons armed with guns started continuous firing at members of prosecution parties, even if accused has a claim of right to the property should have approached to Magistrate it is difficult to concede right of private defence; Ayodhya Ram v. State, 1999 (4) Crimes 113: 1999 SCC (Cr) 564.
via Indian Penal Code IPC 1860.
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