Acts against which there is no right of private defence is defined under section 99 of ipc. Provisions under IPC section 99 explained here:
What is Section 99 IPC:
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 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.
COMMENTS
Time to have recourse to the protection of the public authorityWhere there is an element of invasion or aggression on the property by a person who has right to possession, then there is obviously no room to have recourse to the public authorities and the accused has the undoubted right to resist the attack and use even force if necessary;Case: Puran singh vs. state of punjab, 1975 Cr LJ 1479 SC
Section 99 IPC Explanation:
First part of this section means a person has no right of private defence against an act which does not cause instant fear of death or grevious hurt if done by a public servent who is acting in good faith and under the name of his office not his personal power, even if that act might not be strictly justifiable by law, but a person is not deprieved his right of private defence against an act of public servant unless the point where he doesn’t know the person doing act is public servant. Second part of this section means a person has no right of private defence against an act which does not cause instant fear of death or grevious hurt if done by the direction of a public servent who is acting in good faith and under the name of his office not his personal power, even if that direction or act might not be strictly justifiable by law, but a person is not deprieved his right of private defence against the direction of a public servant unless the point where he doesn’t know the person doing act is doing by such direction or unless such person states such authority under which he’s acting or produces such authority or shows in writing.
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