Acts against which there is no right of private defence
अध्याय 3: साधारण अपवाद
यह राजपत्र में छपा आधिकारिक अंग्रेज़ी पाठ है। आधिकारिक हिंदी पाठ जल्द जोड़ा जाएगा। धारा का शीर्षक भी अभी आधिकारिक अंग्रेज़ी में है।
(1) There is no right of private defence,––
(a) 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;
(b) 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;
(c) in cases in which there is time to have recourse to the protection of the public authorities.
(2) 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.
भारतीय न्याय संहिता, 2023 (2023 का अधिनियम संख्यांक 45). जैसा 25 दिसंबर 2023 को राजपत्र में छपा। बाद के संशोधन, यदि कोई हों, शामिल नहीं।
जुड़ी हुई धाराएँ
- 34Things done in private defenceIPC 96
- 35Right of private defence of body and of propertyIPC 97
- 36Right of private defence against act of a person of unsound mind, etcIPC 98
- 38When right of private defence of body extends to causing deathIPC 100
- 39When such right extends to causing any harm other than deathIPC 101
- 40Commencement and continuance of right of private defence of bodyIPC 102