The right of private defence of the body extends, under the restrictions mentioned in the last preceding section, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely:—
First.— Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault;
Secondly.—Such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault;
Thirdly.— An assault with the intention of committing rape;
Fourthly.—An assault with the intention of gratifying unnatural lust;
Fifthly.— An assault with the intention of kidnapping or abducting;
Sixthly.— An assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release.
1[Seventhly.–– An act of throwing or administering acid or an attempt to throw or administer acid which may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such act]
IPC Section 100: Simplified Explanation
IPC Section 100 of the Indian Penal Code (IPC) significantly expands on the right of private defence, specifically outlining circumstances under which the right extends to causing death. This provision recognises that lethal force may be justified in certain extreme situations in self-defence or the defence of others. The section enumerates situations where the threat posed is so severe that causing the death of the aggressor is considered legally permissible.
Here are the scenarios detailed in Section 100 where the right of private defence of the body extends to causing the death of the assailant:
- Assault to cause death or grievous hurt: If someone is assaulted in a manner that reasonably indicates an intent on the part of the assailant to cause death or grievous harm, the person being attacked has the right to defend themselves, even if this means causing the death of the assailant.
- Assault to rape: The law allows for lethal force in defence against an assault where the assailant intends to commit rape.
- Assault with the intention of gratifying unnatural lust: Similar to the provision for rape, the law allows for lethal self-defence against attempts to force someone into acts of unnatural lust.
- Assault with the intention of kidnapping or abducting: If an assailant attempts to kidnap or abduct someone, the potential victim or a rescuer has the right to use lethal force in defence.
- Assault to confine a person: This applies when the confinement would harm the person confined, and there is a reasonable fear that the person confined cannot be released without immediate risk of death or grievous harm.
- Assault while attempting to commit robbery: In cases where there is an assault with the intention of robbery, the law recognises the right to lethal self-defence.
- House-breaking by night: The law allows for lethal force in defence against those attempting to break into a house during nighttime, recognising the heightened threat and vulnerability of occupants during these hours.
- Act of throwing or administering acid or an attempt to do so: In response to the severe and often permanent damage caused by acid attacks, the law permits the use of lethal force in self-defence against such acts.
- Attempting to commit any of the above acts: Even if the actual act is not completed, attempts to commit any of the offences above justify the use of lethal force in self-defence.
IPC Section 100 of the IPC thus delineates the boundaries within which the right of private defence can justifiably include the causing of death. It underscores the principle that while life is to be protected, there are circumstances under which the law acknowledges the necessity of using lethal force to defend oneself or others from imminent and severe threats.
