100. When the right of private defence of the body extends to causing death.
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.
Seventhly – An act of throwing or administering acid or an attempt to throw or administer acidwhich may reasonably cause the apprehension that grievous hurt will otherwise bethe consequence ofsuch act.
[Ins. by Act 13 of 2013, s. 2 (w.e.f. 3-2-2013)]
COMMENTS
(i) The inmates clearly had a right of private defence against the intruders who tried to extract money by force;
Kishore Shambhudatta Mishra v. State of Maharashtra, (1989) Cr LJ 1149: AIR 1989 SC 1173.
(ii) If the accused had already dealt several blows on the deceased, he could not have been in a position to shoot at the accused persons. Having regard to some of the admissions made by the witnesses, it appears that the accused took forcible possession of the land some days ago. Therefore, even assuming that they came into possession after committing trespassing, if the deceased and others had gone to the land they cannot be held to be aggressors as pleaded by the defence;
Khuddu v. State of Uttar Pradesh, AIR 1993 SC 1538 (1540)
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