Self-Defence
Q. What is right of private Defance? When it extends to causing death of another.(2000/s)(2004/s)
Q. what are Restriction imposed upon the use of force in self defence (2005/A)(2007/A)
Q. What are the restrictions imposed upon the use of force in self defence under P.P.C.(2005/A)(2006/A)(2002/S)
Q. What is right of private defence? What are limitation imposed on the use of force of this right. Explain fully.(2002/A)
1. Introduction:
Under Pakistan penal code every one has right to defend his property honour and himself.
Self defense is a fundamental right it is provided by every religion. Law, constitution and ethics. Right of self defense can defend also be exercised even by a stranger to defend the person or property of another. The right of private defence is restricted to not inflicting more harm than it is necessary to inflict for the purpose of defence.
2. Relevant Provisions:
Sec. 96, 97, 99, 100, 101, 102 P.P.C
3. Meaning Of Self Defence:
Concise Oxford Dictionary:
A defence of oneself, one, s right or position.
4. Definition Of Self Defance:
Black Law Dictionary:
The use of force to protect ones self, ones family or ones property from a real or threatened attack.
5. Kind Self Defence:
(i) Right of self defence of body.
(ii) Right of self defence of property.ss
6. Right Of Private Defance Against The Person Of Unsound Mind, Etc.
Under an act, which would otherwise be a certain offence, is not that ofence, by reason of the youth, the want of maturity of under standing, the unsoundness of mind or the intoxication of the person doing that act, or by reason of misconception on part of that person, every person has right of private defance against that act which he would have if the act were the offence.
7.Acts Against Which There Is No Right Of Private Defance U/S-99:
(i) There is no right of private defence against an act which dose not reasonably cause the apprehension of death or grievous hurt, if done, or attempted to be done by a public servant acting in good faith under command of his office, though that act may not be strictly justifiable by law.
(ii)There is no right of private defence against an act which dose not reasonably cause the apprehension of death or grievous hurt, if done, or attempted to be done, by the direction of the public servant acting in good faith under the color of his office through that direction may not be strictly justifiable by law.
(iii)There is no defence in cases in which there is time to recourse to the protection of public authorities.
(iv)There right of private defence is no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence.
8. When The Right Of Private Defance Of The Body Extends To Causing Death U/S 100:
It extends to voluntary causing of death of any other harm to the assailant, if the offence be any of the following description.
(i)Such as assault as reasonably causes the apprehension of death.
(ii)Such as assault as reasonably cases the apprehension of grievous hurt.
(iii)An assault to commit rape.
(iv)An assault with the intention of gratifying unnatural Lust.
(v)An assault with intention of kidnapping or abducting.
(vi)An assault for wrongful confinement under the circumstances which provide reasonable apprehension that recourse to readdress shall not be possible.
Case Law
2004 YLR LAH 2320(b)
It was held that sec 100 being subject to sec 99, and can not be read in isolation from 99 PPC.
9. Commencement And Continuance Of The Right Of Private Defence Of Body S.102:
The right of private defence of body commence as soon as a reasonable apprehension of danger to the body arises from an attempt or thereat to commit an offence though the offence, may not have been committed and it continues as long as such apprehension of danger to the body continues.
10.Condtions For Exercising Right Of Self Defence:
Following condition must be fulfilled in order to exercise the right of self defence.
(i)The accused must be free from fault in bringing about the encounter.
(ii)There must be present impending perial to life or great bodily harm either real or so apparent as to create honest belief of an existing necessity.
(iii)There must be not safe or reasonable mode of escable by retreat.
(iv) There must have been a necessity for life taking.
11. Buden Of Proof:
The burdon of proving is on defence.
Case Law
2002 SCMR 1425
IT was held that when a specific plea of self defence is raised, the onus to prove the same lay upon the party claiming the same.
12.Confusion:
To conclude it can be said that, self defence is a best defence. The right of self defence is based on the law of necessity of self preservation. This right would arise only where danger to a person or property is imminent and would remain available as long as such danger exist.

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