Section 97 in Indian Penal Codes

Title: Right of private defence of the body and of property

Description: 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.

Title: Right of private defence against the act of a person of unsound mind etc

Description: When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence. Illustrations (a) Z, under the influence of madness, attempts to kill A; Z is guilty of no offence. But A has the same right of private defence which he would have if Z were sane. (b) A enters by night a house which he is legally entitled to enter Z, in good faith, taking A for a house-breaker, attacks A. Here Z, by attacking A under this misconception, commits no offence. But A has the same right of private defence against Z, which he would have if Z were not acting under that misconcep­tion

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.

CHAPTER 4 GENERAL EXCEPTIONS