Every person has a right, subject to the restrictions contained in section 99, to defend—
First.— His own body, and the body of any other person, against any offence affecting the human body;
Secondly.—The property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.
IPC Section 97: Simplified Explanation
IPC Section 97 of the Indian Penal Code (IPC) expands on the right of private defence, detailing the scope of what and whom individuals are legally allowed to defend. This section specifies that the right of private defence extends to protecting one’s body and the body of any other person against any offence affecting the human body. Furthermore, it extends to defending property—whether movable or immovable, one’s own or under the protection of another person—against certain specified offences such as theft, robbery, mischief, or criminal trespass.
The key aspects of IPC Section 97 can be summarised as follows:
- Defence of the Body: Section 97 clarifies that individuals have the right to defend not only themselves but also others from offences that cause harm to the body. This means that if you see someone else being attacked, the law recognises your right to intervene and protect that person.
- Defence of Property: The right of private defence also includes protecting property, whether it’s your property or someone else’s, that you are responsible for. The section specifies that this right can be invoked against offences against property, such as theft, robbery, mischief, and criminal trespass.
- No Distinction Between Movable and Immovable Property: The law does not distinguish between movable (like personal belongings) and immovable property (like land or a house) in the context of the right to private defence. The right extends to both types of property.
- Limits and Conditions: While Section 97 defines the scope of the right of private defence concerning both the body and property, the extent and limitations of this right are detailed in the subsequent sections (Sections 98 to 106). These sections elaborate on when and to what extent the right of private defence can be exercised, including necessary conditions such as the immediacy of the threat and proportionality.
- Rational Basis for Protection: The provision of this right acknowledges the natural and fundamental right of individuals to protect themselves, others, and their property from unlawful aggression. It recognises that when immediate state protection is unavailable, individuals should not be rendered helpless and must have the legal sanction to act in defence.
IPC Section 97 of the IPC sets a broad framework for the right of private defence, indicating the law’s recognition of the basic human instinct to defend oneself and one’s possessions against unlawful aggression. The detailed rules governing the exercise of this proper aim to ensure that it is used judiciously and not as a pretext for committing acts of violence.
