Provision

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 acid which may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such act.]


Simply put

This section means in few of the circumstances right to private defence can extend up to causing death or causing harm against the person who is attacking, First - such a situation wherein if act not done by the person (victim) death will surely happen (by assailant). Secondly - such a situation wherein if an act not done by the person (victim) grevious hurt will surely happen (by assailant). Thirdly - such a situation were assailant intention is of committing rape. Fourthly - such a situation where assailant intention is of satisfying himself with unnatural lust. Fifthly - such a situation where assailant intention is of abducting or kidnapping. Sixthly - such a situation where the assailant intention is to wrongfully confine a person and such person has reason to belive that it would not be possible to contact public authorities about his situation. Seventhly - (it was added by amendment of 2013) such a situation where the act of throwing acid or administering acid or an attempt of same by assailant which may reasonably cause grevious hurt or even apprehension of the same (to victim).



Have a Legal Issue?
Get connected to the Best Lawyers and Chartered Accountants Near You!


You might like reading these


Most Consulted Advocates

Choose from our most consulted lawyers across India and get instant legal advice.

Top Consulted Advocates

Choose from our most consulted lawyers across India and get instant legal advice.