Report No. 42
26. Substitution of new sections in place of sections 99 to 106.-
For sections 99 to 106 of the Code, the following sections shall be substituted as sections 60 to 64, namely.-
"60. Restrictions on the right of private defence.-(1) There is no right of private defence against an act which does not reasonably cause an apprehension of death or of grievous hurt, if the act is done or attempted to be don.-
(a) by a public servant acting in good faith in pursuance of the judgment or order of a court of justice, though the court may have had no jurisdiction to pass such judgment or order, provided the public servant believes in good faith that the court had such jurisdiction;
(b) by a public servant acting in good faith under colour of his office, though that act may not be strictly justifiable by law; or
(c) 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.
(2) A person is not deprived of the right of private defence by virtue of sub-section (1),
(i) in a case falling under clause (a) thereof, unless he knows or has reason to believe that the person doing the act is a public servant and is acting in pursuance of the judgment or order of a court of justice or unless that person produces, if demanded, the authority in writing under which he is acting;
(ii) in a case falling under clause (b) thereof, unless he knows or has reason to believe that the person doing the act is a public servant; or
(iii) in a case falling under clause (c) thereof, unless he knows or has reason to believe that the person doing the act is acting by the direction of public servant, or unless such person states the authority under which he acts, or if he has authority in writing, unless. he produces that authority, if demanded.
(3) The right of private defence in no case extends to the causing of more harm than it is necessary to cause for the purpose of defence.
61. Right of private defence of the body.- (1) Every person has a right to defend his own body and the body of any other person against any offence affecting the human body.
(2) If the offence which occasions the exercise of the said right is.-
(a) such an assault as may reasonably cause an apprehension that death or grievous hurt will otherwise be the consequence of the assault, or
(b) an assault with the intention of committing rape or carnal intercourse against the order of nature, or
(c) an assault with the intention of kidnapping, or
(d) an assault in such circumstances as may reasonably cause an apprehension that an offence punishable under any of the sections 364 to 369 of this Code is being committed, or
(e) an assault with the intention of wrongfully confining a person in such circumstances as may reasonably cause him an apprehension that it will not be possible to have recourse to the public authorities for his release, the right of private defence of the body extends, under the restrictions mentioned in section 60, to the voluntary causing of death or of any other harm to the assailant, and in any other case, it extends, under the same restrictions, to the voluntary causing to the assailant of any harm other than death.
(3) If, in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk.
62. Commencement and continuance of right of private defence of body.- The right of private defence of the body commences as soon as a 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.
63. Right of private defence of property.- (1) Every person has a right to defend the property, whether movable or immovable, of himself or of any other person against any offence which is or includes robbery, theft, mischief or criminal trespass and any attempt to commit any such offence.
(2) If the offence the committing of which, or attempting to commit which, occasions the exercise of the said right is or include.-
(a) robbery, or
(b) theft, mischief or criminal trespass in such circumstances as may reasonably cause an apprehension that death or grievous hurt will be the consequence if the right of private defence is not exercised, or
(c) mischief by fire or explosive substance committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling or as a place of worship or as a place for the custody of property, or on any vehicle, the right of private defence of property extends, under the restrictions mentioned in section 60 to the voluntary causing of death or of any other harm to the wrong-doer; and in any other case, it extends, under the same restrictions, to the voluntary causing to the wrong-doer of any harm other than death.
64. Commencement and continuance of right of private defence of property.- The right of private defence of property commences when a reasonable apprehension of danger to the property commences and it continue.-
(a) against robbery, as long as the offender causes or attempts to cause any person death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or instant wrongful restraint continues;
(b) against theft, till the offender has effected his retreat with the property, or, if the property has been recovered earlier or the assistance of the public authorities has been obtained earlier, till such recovery of the property or the obtaining of such assistance; and
(c) against mischief or criminal trespass; as long as the offender continues in the commission of mischief or criminal trespass."