Section 96 to 106 (private defence) embeds a 'reasonable apprehension' standard. Which statement is MOST accurate about its limits?
AThe right is absolute and unlimited
BThe right is subject to the rule that no more harm than necessary may be inflicted (s99) and certain offences (e.g., acts of public servants in lawful discharge) do not give rise to the right
CThe right exists only in one's own home
DThe right is available only to soldiers
Answer & Solution
Correct answer: B. The right is subject to the rule that no more harm than necessary may be inflicted (s99) and certain offences (e.g., acts of public servants in lawful discharge) do not give rise to the right
Section 99 is the cornerstone limiter: no greater harm than necessary; not against acts of public servants acting under colour of office unless those acts cause apprehension of death/grievous hurt; not where time exists to seek state protection.
Related questions
Section 90 IPC explains that consent given under fear or misconception is NOT consent. In Sec 300 'fourthly' criminalises an act done with knowledge that it is SO imminently dangerIn Virsa Singh v State of Punjab (1958), the Supreme Court interpreted s300 'thirdly' (intUnder Indian criminal jurisprudence, 'mens rea' is sometimes excluded bySection 320 IPC enumerates 'grievous hurt' in eight categories. Which of the following is Section 107 IPC defines abetment as instigating, engaging in conspiracy to commit, or inteException 1 to Section 300 (grave and sudden provocation) is unavailable ifException 4 to Section 300 (sudden fight) reduces murder to culpable homicide not amountin