Adv. Subhan Bande, Kadapa. subhanbande@gmail.

com
1
INDIAN PENAL CODE- 1860
GENERAL EXCEPTIONS

30/05/2017
[SECTIONS 76 TO 106]

Video Lecture

SUBHAN BANDE
ADVOCATE
It has been a pleasure to work with you. KADAPA
Wishing you success, health and happiness.
Happy Birthday Sir! [email protected]
 THE BASIC STRUCTURE OF INDIAN PENAL CODE - 1860

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INTRODUCTORY PROVISIONS GENERAL EXCEPTIONS PENAL PROVISIONS OF OFFENCES
Chapter-1,2 & 3 Chapter-4 Chapter-5-23
Sec-76-106 Sec-107-511

Chapter-1: Introduction
Sec-1-5 INCOMPLETE OFFENCES COMPLETE OFFENCES
Chapter-5, 5A & 23; Sec-122, Chapter-6-22
Chapter-2: General Explanations 126, 399 & 511 Sec-121-510
Sec-6-52A

Chapter-3: Punishments
Sec-53-75

AGAINST STATE/GOVT/PUBLIC ETC.

AGAINST PRIVATE PERSONS
Chapter-6-15
Chapter-16-22
Sec-121-298
Sec-299-511

Chapter-6: Offences against the State

Chapter-16: Offences affecting the Human Body
Chapter-7: Offences relating to Army, Navy & Air Force
Chapter-17: Offences against Property
Chapter-8: Offences against Public Tranquility
Chapter-18: Offences relating to Documents & Property
Chapter-9: Offences by/related to Public Servants
Chapter-19: Criminal Breach of Contracts of Service
Chapter-9A: Offences relating to Elections
Chapter-9A: Offences relating to Elections
Chapter-10: Contempt of Lawful Authority of Public servants
Chapter-20: Offences relating to Marriage
Chapter-11: False Evidence & Offences against Public Justice
Chapter-20A: Cruelty by Husband or Relatives of Husband
Chapter-12: Offences relating to Coin & Govt. Stamps
Chapter-21: Defamation
Chapter-13: Offences relating to Weights & Measures
Chapter-22: Criminal Intimidation, Insult and Annoyance
Chapter-14: Offences relating to P.Health, Safety, Convenience, Decency, Morals
Chapter-23: Attempts to Commit Offences
Chapter-15: Offences relating to Religion
30/05/2017
Adv. Subhan Bande, Kadapa. [email protected]
 THE BASIC STRUCTURE OF INDIAN PENAL CODE - 1860

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GENERAL EXCEPTIONS PENAL PROVISIONS OF OFFENCES
Chapter-4 Chapter-5-23
Sec-76-106 Sec-107-511

COMPLETE OFFENCES
Chapter-6-22
Sec-121-510

AGAINST STATE/GOVT/PUBLIC ETC.

AGAINST PRIVATE PERSONS
Chapter-6-15
Chapter-16-22
Sec-121-298
Sec-299-511

Chapter-16: Offences affecting the Human Body

Chapter-17: Offences against Property

Adv. Subhan Bande, Kadapa. [email protected] 30/05/2017

GENERAL EXCEPTIONS [Sections-76-106]
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1. Mistake of Fact (Sections-76 & 79)
2. Judicial Acts (Sections-77 & 78)
3. Accident (Section-80)

Adv. Subhan Bande, Kadapa. [email protected]

4. Necessity [Acts done to Avoid Greater Harm] (Section-81)
5. Infancy (Sections-82 & 83)
6. Insanity (Section-84)
7. Intoxication or Drunkenness (Sections-85 & 86)
8. Consent (Section-87 to 91)
9. Acts done in Good-faith (Section-92)
10. Communication made in Good-faith (Section-93)
11. Act done under Compulsion or Threat (Section-94)
12. Acts causing Slight Harm or Trifling Acts (Section-95)
13. Right of Private Defence (Sections-96 to 106) 30/05/2017
 Adv. Subhan Bande, Kadapa. [email protected]

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1. Mistake of Fact (Sections-76 & 79)

 Mistake = commission or omission of an act ignorantly or unintentionally causing injury or

damage to another/others.
 Mistake is one of the defences available to the accused to get exemption from criminal
liability, but, it must not be due to desire or pre-arrangement.
 Conditions
o An act must be done by a person resulting in harm.
o That act must be done by a person in good faith.
o Person doing that act is bound by law to do that act (Sec-76). (justified by law-----------Section-79)
o Person doing that act must believe himself bound by law.
o That belief must be the result of mistake of fact, not by mistake of law.

Ignorantia facti excusat, ignorantia juris non-excusat. 30/05/2017

 Adv. Subhan Bande, Kadapa. [email protected]

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1. Mistake of Fact (Sections-76 & 79)

Important Case Laws

 R. vs. Mrs. Talson (1889) 23 QBD 168– Bonafied belief on reasonable grounds is a defence for mistake.
 R. vs. Prince (1875) LR 2 CCR 154 - When the mere act is punishable, person doing that act will not be
allowed to claim mistake of fact.
 State of Orissa vs. Bhagband Barik 1987 Crl. J. 1115 SC – There is legal compulsion under Sec-76 and
there is legal justification under Sec-79.
 Raj Kapoor vs. Laxman 1980 Crl.J. 436 SC – If the Central Board of Film Certification sanctions the
public exhibition of obscene film, the producer and other connected agencies are protected under
Sec-79.
Note:
o Believing a human being to be an animal
o Cutting of overhanging branches of a tree
o A soldier fires on a mob by the order of his superior officer in conformity with the commands of law.
30/05/2017
 7
2. Judicial Acts
(Sections-77 & 78)

Act of judge when acting judicially (Sec-77)

 This section is intended to protect the Bonafide acts of judicial officers who perform such acts as
part of their judicial functions.
Act done in pursuant to the judgement or order of the court (Sec-78)
 This section is intended to protect the official acts of the person who performs those acts under
the instructions of judicial officers.
For example,
Hangs Men, Persons executing the Warrant, Receivers – are protected under this section.

Adv. Subhan Bande, Kadapa. [email protected] 30/05/2017

 Adv. Subhan Bande, Kadapa. [email protected]

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3. Accident
(Section-80)
Essentials of Section-80
The act is not a crime which is done…… Accident causes injury to another, while
 By an accident or misfortune the misfortune causes injury as much to
 Without criminal intention or knowledge himself as to another unconnected with
 In doing of a lawful act the act.
o By lawful manner
o By lawful means
o With proper care and caution/attention.
Illustrations
 A is at work with a hammer, the head flies off and kills a man standing by. Here, if there was no want of
proper caution on the part of A, his act is excusable and not an offence.
 A workman throws snow from a roof giving proper warning, a passenger is killed, the death is accidental.
Important Case-laws
 State of Orissa vs. Khosa Ghasi 1978 Cr.L.J. 105 Ori. – the accused, a tribal in a forest, with bonafied intention
shot an arrow at an animal. But, a human being was hit by the arrow and died. The Orissa HC acquitted the
accused.
30/05/2017
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4. Necessity
[Acts done to avoid Greater Harm] (Section-81)

 It is called ‘Doctrine of self preservation’ or ‘Doctrine of Necessity and Compulsion’ or

‘Jus necessitates’.

 it is enshrined in the maxim ‘Necessitas non habet legem’ which means ‘Necessity
knows no laws’.

Essentials of Section-81
The act is not a crime which is done……
 Under good-faith
 Without mens rea (criminal intention)
 His intention in doing that act should be to cause smaller harm so as to prevent or avoid
greater harm.
 To person or property

Adv. Subhan Bande, Kadapa. [email protected] 30/05/2017

 Adv. Subhan Bande, Kadapa. [email protected]

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4. Necessity
[Acts done to avoid Greater Harm] (Section-81)
 Illustrations
A, in a great fire, pulls down houses in order to prevent the conflagration from
spreading. He does this with the intention in good faith of saving human life or property.

 Important Case-laws
R. vs. Dudley and Stephens 1884
 Ship-wreck in high seas – 3 seamen & a boy survived – no food - on 20th day – Dudley
& Stephens killed the boy – fed flesh & blood for 4 days – finally rescued – prosecuted
& tried for murder – pleaded the defence of ‘necessity’.
 Privy Counsel held the accused guilty of murder and convicted them on the
ground….
 Self preservation is not an absolute necessity
 No man has a right to take another’s life to preserve his own, and
 There is no necessity that justifies homicide. 30/05/2017
 Adv. Subhan Bande, Kadapa. [email protected]

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5. Infancy (Sections-82 & 83)
Doli incapax
Section-82:
“Nothing is an offence, which is done by a child under 7 years of age”.
 A child below the age of 7 years is totally exempted from criminal liability. It is presumed that the
child below the age of 7 years cannot have mens rea to commit an offence.
 If an adult abets a child below the age of 7 years to commit a crime, the adult will be liable as an
abettor.
Section-83:
“Nothing is an offence which is done by a child above 7 years of age and under 12, who has not
attained sufficient maturity of understanding to judge of the nature and consequences of his
conduct on that occasion”.
 Simply, the criminal liability of a child between the age of 8 and 12 years is subject to (proof of
mens rea) the condition that such child does not have sufficient maturity of mind.
 Such child is called ‘Doli incapax’ i.e., incapable of committing the offence. 30/05/2017
 Adv. Subhan Bande, Kadapa. [email protected]

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5. Infancy (Sections-82 & 83)
Doli incapax
 Important Case-laws
INFANCY
Heeralal vs. State of Bihar
AIR 1977 SC 2236
S-82 S-83
(Under 7 years) (Above 7 to below 12 years)
 Eleven (11) yrs child – threatened the
deceased – would cut him into
pieces – accordingly killed – with a Absolute Conditional
knife. Immunity Immunity

 SC upheld the lower Court’s decision

– confirmed the conviction – on Immature Intellect Mature Intellect
ground that – had sufficient maturity
of mind to understand the nature &
consequences of his act. No offence No offence Offence
30/05/2017
 Adv. Subhan Bande, Kadapa. [email protected] 30/05/2017

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6. Insanity or Mental Abnormality
(Section-84)
Conditions of Insanity Kinds of Unsound mind
Wrong must be done by a unsound mind…. 1. Idiot
 Person is incapable to understand 2. Lunatic

o Nature of crime 3. Non compos mentis

o Act is against law 4. Disease of mind

 This incapability is due to unsoundness of

mind.
Important Case-laws
 Mc Naughten’s case
 Someswar Ghora vs. State of Assam – 1981 Crl. J. NOC 51 Gouhati - Legal insanity has to be proved before the
court, not medical insanity.
 Ratan Lal vs. State of MP – AIR 1971 SC 778 – Setting fire to one’s own house & cloths without any reason is
considered insanity.
 Babudev vs. State of Pepsu (Punjab) – AIR 1956 SC488 – insanity as a result of smoking ganja or heavy
intoxication making a person thoroughly insane is valid defence under Section-84.
 Adv. Subhan Bande, Kadapa. [email protected]

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6. Insanity or Mental Abnormality
(Section-84)

Principles laid down in Mc Naughten’s Case

5 principles of insanity
 Every man shall be presumed to be sane.
 To plead the defence of insanity, the accused must show that he did not know the nature of the
act at the time of committing that offensive act.
 To claim this exception, the accused should prove that he never thought his act to be wrong or
contrary to law.
 Whenever a person under insane delusion (false belief) thinks that other person is in the act of
causing his death and kills that other person can also claim the benefit of insanity.
 When a person thinks himself to be the lawful executioner of the people and causes the death of
a person, he also enjoys the benefit of insanity.
30/05/2017
 Adv. Subhan Bande, Kadapa. [email protected]

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7. Intoxication or Drunkenness
(Sections-85 & 86)
 Drunkenness or intoxication is the result of consuming drinks or drugs. A drunken or intoxicated
person is incapable of having required mental element to commit an offence.

DRUNKENNESS DESCRIPTION RESULT

Voluntary A person gets intoxicated voluntarily i.e., with full knowledge. No defence.
Drunkenness (Section – 85)
A person gets intoxicated without his knowledge i.e., through
Involuntary
fraud or stratagem of others, and there by becomes Valid defence
Drunkenness
incapable of understanding the nature and consequences of (Section – 85 & 86)
an act.

Important Case-laws
Director of Public Prosecution vs. Beard (1920) AC 479 – Night watchman – caught a 13 yrs old girl – to
rape her – girl cried & tried to escape – put cloth gag in her mouth & thumb on her throat – girl died by
suffocation – Beard pleaded the defence of intoxication. Trial Court – convicted him for murder – Court of
30/05/2017
Appeal reduced to manslaughter.
 8. Consent (Section-87 to 91)
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CONSENT
(Sec-87-91)

Section-90 Section-87 Section-88 Section-89 Section-91

Act not indented Act done in good

Act not indented Exclusion of acts
Consent known to
to be likely to cause
to cause death done faith for the benefit
which are offences
be given under fear by consent in of a child or insane
death or hurt by independently of
or misconception consent good faith for person by (or by the harm caused
persons benefit consent of) guardian

Mere pecuniary benefit is not benefit within the meaning of sections 88 & 89.

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 8. Consent (Section-87 to 91)
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CONSENT
(Sec-87-91)

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Section-90

Consent known to
be given under fear
or misconception

A consent is not a free consent if it is given under any of the following circumstances
 By a person under fear of injury
 By a person under misconception
 By an insane person without knowing the nature of act, or
 By an intoxicated person without knowing the nature of the act, or
 By a person under 12 years of age 30/05/2017
 8. Consent (Section-87 to 91)
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CONSENT
(Sec-87-91)

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Section-90 Section-87
Dangerous
games / sports
Act not indented
Consent known to
to be likely to cause
be given under fear
death or hurt by
or misconception consent

The act is not a crime which is done by a person……

 Without having intention to cause death or grievous hurt
 Without having knowledge that his act is likely to cause death or grievous hurt
 With the consent given by the victim who suffers harm
o Consent must be given by a person above 18 years of age
o Consent may be expressed or implied 30/05/2017
 30/05/2017

8. Consent (Section-87 to 91)

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CONSENT
(Sec-87-91)

Section-90 Section-87 Section-88 Surgeons

(doctors)

Act not indented

Act not indented
Consent known to to cause death done
to be likely to cause
be given under fear by consent in
death or hurt by
or misconception consent good faith for The act is not a crime which is done by a
persons benefit person……
 Act must be done in good faith
 With the consent of the victim
o Consent may be expressed or implied
 For the benefit of the victim
o who suffers injury or
o who takes the risk of suffering such
injury
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 Without intending to cause death
 8. Consent (Section-87 to 91)
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CONSENT
(Sec-87-91)

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Section-90 Section-87 Section-88 Section-89

Act not indented Act done in good

Act not indented
Consent known to
to be likely to cause
to cause death done faith for the benefit
be given under fear by consent in of a child or insane
death or hurt by
or misconception consent good faith for person by (or by the
persons benefit consent of) guardian

The act is not a crime which is done……

 For the benefit of a person who is
o A minor under 12 years of age, or
o An insane person Guardians
 By the guardian, or (bona fide acts)
 By any other person by the consent of the guardian
o Consent may be expressed or implied
30/05/2017
 Act must be done in good faith
 8. Consent (Section-87 to 91)
30/05/2017

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CONSENT
(Sec-87-91)

Section-90 Section-87 Section-88 Section-89 Section-91

Act not indented Act done in good

Act not indented Exclusion of acts
Consent known to
to be likely to cause
to cause death done faith for the benefit
which are offences
be given under fear by consent in of a child or insane
death or hurt by independently of
or misconception consent good faith for person by (or by the harm caused
persons benefit consent of) guardian

 This Section is an exception to Secs. 87, 88 & 89.

 Secs. 87, 88 & 89 do not extend to acts which are offences,
independently of any harm.
 Causing miscarriage is an offence even though there is a consent Causing
from the prospective mother (unless caused in good faith for Miscarriage
saving the life of a woman).
 Adv. Subhan Bande, Kadapa. [email protected] 30/05/2017

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9. Acts done in Good-faith (Section-92)

Illustrations
The act is not a crime which is done…… o A, a surgeon, sees a child suffer an accident
 For the benefit of a person who suffers harm which is likely to prove fatal unless an
operation be immediately performed. There
 Act must be done in good faith is not time to apply to the child’s guardian. A
 No time to obtain consent from the victim performs the operation in spite of the
entreaties of the child, intending, in good
 Circumstances are impossible to signify consent faith, the child’s benefit. A has committed no
The protection shall not extend to the following cases. offence.
 Intentionally causing death or attempt to cause death o A is in a house which is on fire, with Z, a child.
 Person doing knows that the act likely to cause death or People below hold out a blanket. A drops the
grievous hurt child, from the house-top, knowing it to be
 Voluntarily causing of hurt likely that the fall may kill the child, but not
 For the abetment of any offence, committing of which intending to kill the child, and intending, in
offence it would not extend good faith, the child’s benefit. Here, even if
the child is killed by the fall, A has committed
Mere pecuniary benefit is not benefit within the meaning of section 92. no offence.
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10. Communication made in Good-faith
(Section-93)

The act is not a crime which is done …

 A person must make some communication to another
 Communication must be
o In good faith
o For the benefit of the other person Illustrations
o A, a surgeon, in good faith,
o Made to inform the truth of a matter
communicates to a patient his opinion
 That communication results in harm to other person that he cannot live. The patient dies in
consequence of the shock. A has
committed no offence, though he knew
it to be likely that the communication
might cause the patients death.
Adv. Subhan Bande, Kadapa. [email protected]
 30/05/2017

11. Act done under Compulsion or Threat 24

(Section-94)

 Nothing is an offence which is done under compulsion or threat.

 The compulsion or threat must be apprehension of instant death.
 Apprehension of future death is no excuse.
 Under no circumstances because of the threat one must commit…
o Murder
o Waging war against the State Exception:
According to this Section, A person who, of his own
accord, or by reason of
No punishment ------------------- the accused a threat of being
Punishment -------------------------the person who placed the accused under such beaten, joins a gang of
threat dacoits, knowing their
character.
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 Adv. Subhan Bande, Kadapa. [email protected]

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12. Acts causing Slight Harm or Trifling Acts
(Section-95)
 This section is based on the legal maxim ‘de minimis non curat lex’.
 Nothing is an offence by reason that it causes, or that is intended to cause or it is known to be
likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper
would complain of such harm.
Examples:
o Pulling the cheeks of a child.
o Taking the pen of other with an intention to sign and return it back.
o Pinching the ear or nose of a person.
o Using a match stick of other person with an intention to light a cigarette & return it back.
o Patting on a child’s buttock.
o Patting on an unknown woman’s buttock is not a trifling act.
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13. Right of Private Defences Right of Private
(Sections-96 to 106) Defence (S-96)
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RPD -of
RPD -Against RPD -Against
Body & Property
Innocent Person Insane,
(Sec-97)
(Sec-106) Intoxicated, Youth
(Sec-98)
RPD of RPD of
Body Property
(Sec-97-i) (Sec-97-ii)

When RPD extends to When RPD extends to When RPD extends to When RPD extends to
Death other than Death Death other than Death
(Sec-100) (Sec-101) (Sec-103) (Sec-104)

Commencement, Commencement,
Continuation & End Continuation & End
of RPD of Body of RPD of Property
(Sec-102) No Right (Sec-105)
of Private Defence
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(Sec-99) 30/05/2017
13. Right of Private Defences (Sections-96 to 106)
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Section-96

Section-97

Section-98

Section-99
Right of Private

Section-100 Right of Private Defence

Defences

Section-101 Nothing is an offence which is done in the

exercise of the right of private defence.
Section-102

Section-103

Section-104

Section-105

Section-106
30/05/2017
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13. Right of Private Defences (Sections-96 to 106)
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Section-96
Right of Private Defence of Body and of Property
Section-97
Every person has a right against any offence affecting…..
Section-98  Body
o His own body
Section-99 o The body of any other person
Right of Private

 Property (movable or immovable)

Section-100 o Of himself or
Defences

o Any other person

Section-101 o Against any act - theft, robbery, mischief, cr. trespass or
o Against attempts - theft, robbery, mischief, cr. trespass
Section-102
Important Case-laws
Section-103  R vs. Rose (1884) 15 Cox CC 540
The accused shot & killed his father, whom he believed to be cutting
the throat of his mother. The accused was allowed the RPD to protect
Section-104
his mother against his father’s act.
Section-105

Section-106
30/05/2017
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13. Right of Private Defences (Sections-96 to 106) 30/05/2017

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Section-96

Section-97 Right of private defence against the act of

a person of unsound mind, etc.
Section-98
The act is not a crime which is done under right of
Section-99 private defence against the acts of ……
 Youth
Right of Private

Section-100  Insane
Defences

 Intoxicated person
Section-101  By reason of any misconception
Illustrations
Section-102 o Z, under the influence of madness, attempts to kill A; Z is
guilty of no offence. But A has the same right of private
Section-103 defence which he would have if Z were sane.

Section-104 o A enters by night a house which he is legally entitled to

enter. Z, in good faith, taking A for a house-breaker,
Section-105 attacks A. Here Z, by attacking A under this
misconception, commits no offence. But A has the same
right of private defence against Z, which he would have
Section-106
if Z were not acting under that misconception.
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13. Right of Private Defences (Sections-96 to 106)
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Section-96

Section-97 Right of Private Defence against the acts of Public Servants

Section-98 The Right of Private defence is available against the acts of

the Public Servants as follows.…..
Section-99 No Right of Private Defence Bonafide acts of Public Servant
Right of Private

Right of Private Defence Malafide acts of Public Servants

Section-100
Defences

Important Case-laws
Section-101  Dhara Singh vs. Emperor (1947) Lahore
The police entered the accused’s house at the night to arrest
Section-102 him. The accused did not recognize them as police and fired at them. It
was held that the accused had a right of private defence.
Section-103 If public servant has a different uniform, his position would be
known to others and in such circumstances there is no right of private
Section-104 defence.
 Mohammed Ismail 1935 (Rang)
It is decided where police officer acting bona fide under
Section-105
colour of his office arrests without authority, person has no right of private
defence.
Section-106  Kanwar Singh 1965
30/05/2017
Adv. Subhan Bande, Kadapa. [email protected] If the act is lawful then no defence is provided.
13. Right of Private Defences (Sections-96 to 106) 30/05/2017

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Section-96
When the Right of Private Defence of body extends to causing
Section-97 death

Section-98 There are SEVEN cases under IPC, when the Right of Private
Defence of the body extends to causing death…..
1. Assault for death
Section-99 2. Assault for grievous hurt
Right of Private

3. Assault for committing rape

Section-100 4. Assault to gratifying unnatural offence
Defences

5. Assault to kidnapping or abduction

6. Assault to wrongful confinement
Section-101 7. Assault to throwing acid

Section-102 Important Case-laws

 R vs. Rose (1884) 15 Cox CC 540
Section-103 The accused shot & killed his father, whom he believed to be cutting the throat of
his mother. The accused was allowed the RPD to protect his mother against his
father’s act.
Section-104  Guligappa vs. Sidda Ramappa 1921
It was decided that the right of private defence can be extended to causing
Section-105 death.
 Karamat Hussain vs. Emperor AIR 1938 Lah. 269
The accused, in order to protect his sister from merciless beating by her husband,
Section-106 intervened and killed him. It was held that the accused has RPD under such
Adv. Subhan Bande, Kadapa. [email protected] circumstances.
13. Right of Private Defences (Sections-96 to 106)
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Section-96

Section-97

Section-98

Section-99
Right of Private

Section-100 When the Right of Private Defence of body extends to

Defences

causing any harm other than death

Section-101
All other cases except the SEVEN cases mentioned under
Section-102 Section-100 of IPC.

Section-103

Section-104

Section-105

Section-106
30/05/2017
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13. Right of Private Defences (Sections-96 to 106)
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Section-96

Section-97

Section-98

Section-99
Right of Private

Section-100
Defences

Commencement, continuation & the end of Right of Private

Section-101 Defence of body
The right of Private Defence of Body…
Section-102
 Begins when there is a danger to the body (life)
Section-103  Continues as long as such danger remains
 Ceases once the danger ends.
Section-104

Section-105

Section-106
30/05/2017
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13. Right of Private Defences (Sections-96 to 106) 30/05/2017

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Section-96
When the Right of Private Defence of Property extends to
Section-97
causing death
Section-98 There are 4 cases under IPC, when the Right of Private Defence of
the property extends to causing death…..
Section-99 1. Robbery
2. House-breaking by night
Right of Private

Section-100 3. Mischief by fire in any building (tent or vessel, which is used as

Defences

human dwelling ,or as a place for custody of property)

4. Theft, Mischief or house trespass – causing apprehension of
Section-101 death or grievous hurt.

Section-102 Important Points to Remember….

1. Secs.390to 399
2. Section 446
Section-103 3. Section 436

Section-104  Dhara Singh vs. Emperor (1947) Lahore

The police entered the accused’s house at the night to
arrest him. The accused did not recognize them as police and fired at
Section-105 them. It was held that the accused had a right of private defence.
If public servant has a different uniform, his position would
Section-106 be known to others and in such circumstances there is no right of
private defence.
Adv. Subhan Bande, Kadapa. [email protected]
13. Right of Private Defences (Sections-96 to 106)
35
Section-96

Section-97

Section-98

Section-99
Right of Private

Section-100 When the Right of Private Defence of property extends to

Defences

causing any harm other than death

Section-101
All other cases except the FOUR cases mentioned under
Section-102 Section-103 of IPC.

Section-103

Section-104

Section-105

Section-106
30/05/2017
Adv. Subhan Bande, Kadapa. [email protected]
13. Right of Private Defences (Sections-96 to 106)
36
Section-96

Section-97

Section-98

Section-99
Right of Private

Section-100
Defences

Commencement, continuation & the end of Right of Private

Section-101 Defence of property
The right of Private Defence of Body…
Section-102
 Begins when there is a danger to property
Section-103  Continues as long as such danger remains to property
 Ceases once the danger ends to property
Section-104

Section-105

Section-106
30/05/2017
Adv. Subhan Bande, Kadapa. [email protected]
13. Right of Private Defences (Sections-96 to 106)
37
Section-96

Section-97

Section-98

Section-99
Right of Private

Section-100 Right of Private Defence against Innocent Person

Defences

Section-101
 An innocent person mingled with a violent mob
 Person exercises his private defence against such mob
Section-102  Resulting death of that innocent person
 A valid exercise of right of private defence
Section-103
Important Case-laws:
Section-104 o Yogendra Morarji vs. State of Gujarat

Section-105

Section-106
30/05/2017
Adv. Subhan Bande, Kadapa. [email protected]
 38

30/05/2017
Adv. Subhan Bande, Kadapa. [email protected]
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