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Self-Defense Rights and Limitations

The document outlines the legal principles of self-defense, stating that individuals have the right to defend themselves and their property under certain conditions. It specifies when self-defense is justified, including against attacks from individuals deemed mentally unsound, and clarifies the limitations of this right, particularly regarding public servants and the necessity of proportionality in response. Additionally, it details the circumstances under which causing death or harm in self-defense is permissible.

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100% found this document useful (1 vote)
7 views6 pages

Self-Defense Rights and Limitations

The document outlines the legal principles of self-defense, stating that individuals have the right to defend themselves and their property under certain conditions. It specifies when self-defense is justified, including against attacks from individuals deemed mentally unsound, and clarifies the limitations of this right, particularly regarding public servants and the necessity of proportionality in response. Additionally, it details the circumstances under which causing death or harm in self-defense is permissible.

Uploaded by

ghazikhan00881
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

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**96. Acts in Self-Defense:**


Nothing is a crime if it is done in self-defense.

**97. Right to Defend Yourself and Your


Property:**
Everyone has the right, within certain limits, to
defend:
- Their own body and the body of another
person from any attack.
- Their own property or someone else's
property from crimes like theft, robbery,
mischief, or trespassing.

**98. Right to Defend Against Someone of


Unsound Mind, etc.:**
Even if an act is not considered a crime because
the person doing it is young, mentally unsound,
intoxicated, or mistaken, you still have the right
to defend yourself as if the act were a crime.

**Examples:**
(a) If Z, who is mentally ill, tries to kill A, Z is not
guilty of a crime. But A can still defend himself
as if Z were sane.
(b) If A enters a house legally, but Z mistakenly
thinks A is a thief and attacks him, Z has
committed no crime. However, A can defend
himself against Z as if Z were not mistaken.

**99. Acts Against Which You Have No Right of


Self-Defense:**
You cannot claim self-defense against an act
that does not reasonably make you fear death
or serious harm if it is done by a public servant
acting in good faith. This applies even if the act
is not entirely justified by law.

You also cannot claim self-defense if there is


time to seek help from public authorities.

The right to self-defense does not allow you to


cause more harm than necessary to protect
yourself.
**Explanation 1:** You can still defend yourself
against a public servant unless you know, or
have reason to believe, that they are a public
servant.

**Explanation 2:** You can defend yourself


against someone acting on orders from a public
servant unless you know, or have reason to
believe, that they are acting on such orders.

**100. When Self-Defense Can Cause Death:**


You can cause death in self-defense if the attack
you are defending against:
- Could reasonably make you fear death.
- Could reasonably make you fear serious injury.
- Is aimed at committing rape, satisfying
unnatural lust, kidnapping, or wrongful
confinement.

**101. Causing Harm Other Than Death in Self-


Defense:**
If the attack is not one of the types listed in
Section 100, you can still defend yourself but
cannot cause death, only harm.
**102. Start and Continuation of the Right to
Self-Defense:**
The right to self-defense starts when you
reasonably fear danger and lasts as long as that
fear continues.

**103. When Defending Property Can Cause


Death:**
You can cause death in defense of property if
the crime involves:
- Robbery
- Nighttime house-breaking
- Mischief by fire on a building used as a home
or for storing property
- Theft, mischief, or house trespass that could
reasonably make you fear death or serious
harm.

**104. Causing Harm Other Than Death in


Defense of Property:**
If the crime does not involve the serious threats
listed in Section 103, you cannot cause death
but can cause other harm.
**105. Start and Continuation of the Right to
Defend Property:**
The right to defend property starts when you
reasonably fear danger. This right continues:
- In cases of theft, until the thief escapes with
the property or until authorities help recover it.
- In cases of robbery, as long as the robber
causes or tries to cause harm or restraint.
- In cases of trespass or mischief, as long as the
criminal act continues.
- In cases of nighttime house-breaking, as long
as the trespass continues.

**106. Defense Against Deadly Assault with


Risk to Innocent People:**
If defending yourself against a deadly attack
risks harming an innocent person, your right to
self-defense still applies, even if it means risking
harm to that person.

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