Indian Penal Code, 1860
99. Acts
against which there is no right of private defense
There is no right of
private defense 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 defense 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 defense in cases in which there is time to have recourse to the
protection of the public authorities.
Extent to which the
right may be exercised-
The right of private
defense in no case extends to the inflicting. of more harm than it is necessary
to inflict for the purpose of defense.
Explanation 1- A person is not deprived of the right of private defense
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 defense
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.