Section 99 in Indian Penal Codes

Title: Acts against which there is no right of private defence

Description: 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 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 the 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. Explanation 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. Explanation 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.

Title: When the right of private defence of the body extends to causing death

Description: The right of private defence of the body extends, under the restrictions mentioned in the last preceding section, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely:— (First) — Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault; (Secondly) —Such an assault as may reasonably cause the apprehen­sion that grievous hurt will otherwise be the consequence of such assault; (Thirdly) — An assault with the intention of committing rape; (Fourthly) —An assault with the intention of gratifying unnatural lust; (Fifthly) — An assault with the intention of kidnapping or abduct­ing; (Sixthly) — An assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release.

Title: When such right extends to causing any harm other than death

Description: If the offence be not of any of the descriptions enu­merated in the last preceding section, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restric­tions mentioned in section 99, to the voluntary causing to the assailant of any harm other than death.

Title: Commencement and continuance of the right of private defence of the body

Description: The right of private defence of the body 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.

Title: When the right of private defence of property extends to causing death

Description: The right of private defence of property extends, under the restrictions mentioned in section 99, to the voluntary causing of death or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter enumerated, namely:— (First) — Robbery; (Secondly) —House-breaking by night; (Thirdly) — Mischief by fire committed on any building, tent or vessel, which building, tent or vessel is used as a human dwell­ing, or as a place for the custody of property; (Fourthly) —Theft, mischief, or house-trespass, under such circum­stances as may reasonably cause apprehension that death or griev­ous hurt will be the consequence, if such right of private de­fence is not exercised. STATE AMENDMENTS (Karnataka) —(1) In section 103, in clause Thirdly,— (i) after the words “mischief by fire”, insert the words “or any explo­sive substance”; (ii) after the words “as a human dwelling, or” insert the words “as a place of worship, or”. (2) After clause Fourthly, insert the following clause, namely:— “Fifthly.—Mischief by fire or any explosive substance committed on any property used or intended to be used for the purpose of Government or any local authority, statutory body or company owned or controlled by Government or railway or any vehicle used or adapted to be used for the carriage of passengers for hire or reward.” [Vide Karnataka Act 8 of 1972, sec. 2 (w.e.f. 7-10-1972)]. (Maharashtra) —In section 103, add the following at the end, namely:— “Fifthly.—Mischief by fire or any explosive substance committed on any property used or intended to be used for the purposes of Government or any local authority, statutory body, company owned or controlled by Government, railway or tramway, or on any vehicle used or adapted to be used, for the carriage of passengers for hire or reward”. [Vide Maharashtra Act 19 of 1971, sec. 26 (w.e.f. 31-12-1971)]. Uttar Pradesh.—In section 103, after clause fourthly, add the following clause, namely:— “Fifthly.—Mischief by fire or any explosive substance committed on— (a) Any property used or intended to be used for the purpose of Government, or any local authority or other corporation owned or controlled by the Government, or (b) any railway as defined in clause (4) of section 3 of the Indian Railways Act, 1890 or railways stores as defined in the Railways Stores (Unlawful Possession) Act, 1955, or (c) any transport vehicle as defined in *clause (33) of section 2 of the Motor Vehicles Act, 1939.” [Vide Uttar Pradesh Act 29 of 1970, sec. 2 (w.e.f. 17-7-1970)]. * See clause (47) of sec. 2 of the Motor Vehicles Act, 1988.

CHAPTER 4 GENERAL EXCEPTIONS