There is no right of private defence against an act which does not reasonable 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.
There is no right of private defence against an act which does not reasonable 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.
There is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities.
Extent to which the right may be exercised
The right to private defence in no case extends to the inflicting of more harm that 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.
IPC Section 99: Simplified Explanation
Section 99 of IPC deals with the rights of private defence against an act that does not amount to an offence. This section outlines the limitations under which the right of private defence cannot be invoked. According to this section, there is no right of private defence against acts that do not reasonably cause the apprehension of death or grievous hurt if done or attempted to be done by a public servant acting in good faith under the authority of law. This also applies to acts of people acting under the direction of a public servant. Additionally, there is no right of private defence in cases where there is sufficient time for recourse to the protection of public authorities. Moreover, the section clarifies that the right of private defence cannot extend to inflicting more harm than necessary to defend oneself or one’s property.
Is IPC Section 99 bailable?
IPC Section 99 does not describe an offence but outlines the limitations of the right of private defence. Therefore, it has no bailability status as it does not correspond to a specific offence or charge.
IPC Section 99 Punishment
Since Section 99 of the IPC does not define an offence but explains the boundaries within which the right of private defence cannot be exercised, it does not prescribe any punishment. This section is more about clarifying when the right of private defence is not applicable.
Example of IPC Section 99
A real-life example of IPC Section 99’s application can be seen in scenarios where a person uses force against a public servant performing their duty. For instance, if a police officer is executing a legal search warrant, and a homeowner attacks the officer to prevent the search, the homeowner cannot claim the right of private defence under Section 99, as the officer acts within the legal framework. Any harm done to the officer cannot be justified under the right of private defence, and the homeowner could be charged with attacking a public servant.
