100. When the right of private defense of the body extends to causing death.
The right of private defense 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.
Can a person uses his right of self-defense extends to cause death of assailant?
NO
Scope:
This section authorizes a person,
Who is under a reasonable apprehension that his life is in danger or that any of the offences
mentioned in this section is going to be committed,
To inflict, or death, or any other harm to the assailant either when the assault is attempted or
directly threatened. But the exercise of this right is restricted to the limitations mentioned in
section 99 of PPC and the apprehension must be reasonable and the violence inflicted must not
be out of all proportions to the apprehended danger. As for instance, a person is not justified in
shooting another who is about to arrest him when there is nothing to show that he has reason to
apprehend that any of the acts mentioned in this section would ensure.
Restrictions:
The right of private defense of the body extends, under the restrictions mentioned in the section
99 of PPC, to the voluntary causing of death or of any other harm to the assailant.
One is not entitled to use right to self-defense of the body extends to causing death to the
assailant:
1. Unless death is not suspected from the attack of the assailant/attacker.
2. Unless any grievous hurt is not suspected from the attack of the assailant/attacker.
3. If any public servant performing his duty in good faith.
4. If any person, ordered by any public servant, acting to perform on his behalf. (Having
authority or may have authority in written).
Allowance:
One may use his right of self-defense and may cause death to assailant or may inflict the
assailant if the one believes that the consequences of such assault will cause;
1. Death
2. Grievous hurt
3. Rape
4. Unnatural lust
5. Kidnapping or abducting
6. Wrongful confinement
Remedies:
The one using right to self-defense,
1. If possible, must try to escape from the occasion,
2. May try to save oneself from the attack of assailant,
3. May hurt the assailant in trunk part of his body,
4. May inflict assailant in upper part to resist his attack.
This may cause death of assailant, but it would be justifiable as right to self-defense.
Burden of Proof:
Burden of proof lies with the accused (the one who used the right of self-defense);
That his act was actually for the self-defense, and death or grievous hurt would be otherwise be
the consequence of such assault.
Plea of Self Defense:
Benefit of Doubt:
Case laws: