Legal

INDIAN PENAL CODE SECTIONS RELATING TO SELF-DEFENSE
The following Sections of the IPC are of relevance in the matter of self-defense: 96,97,102,105 and 106
� Section 96
Of the right of private defense, things done in private defense. Nothing is an offence, which is done in the exercise of the right of private defense.

� Section 97
Right of private defense of the body and of property. Every person has a right, subject to the restrictions contained in section 99, to defend : First - His own body, and the body of any other person, against any offence affecting the human body; Second -The property, whether moveable or immoveable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.

� Section 102
Commencement and continuance of the right of private defense of the body. The right of private defense of the body commences as soon as reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence, though the offence may not have been committed; and it continues as long as such apprehension of danger to the body continues.

� Section 105
Commencement and continuance of the right of private defense of property.
The right of private defense of property commences when a reasonable apprehension of danger to the property commences.
The right of private defense of property against theft continues till the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the property has been recovered. The right of private defense of property against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or of instant personal restraint continues.
The right of private defense of property against criminal trespass or mischief continues as long as the offender continues in the commission or criminal trespass or mischief. The right of private defense of property against house-breaking by night continues as long as the house-trespass which has begun by such house breaking continues.

� Section 106
Right of private defense against deadly assault when there is risk of harm to innocent person. If, in the exercise of the right of private defense against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectively exercise that right without risk of harm to an innocent person, his right to private defense extends to the running of that risk.

Note : Self-defense is subject to case specific legal interpretation.

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