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private defence

English · Criminal law

Meaning. The right to use reasonable force to protect one's own or another's body or property against an unlawful attack.

Nothing is an offence if done in the exercise of the right of private defence. The right covers the body of oneself or any other person, and property (one's own or another's) against theft, robbery, mischief and criminal trespass. It is defensive, not punitive: it begins when there is reasonable apprehension of danger and lasts only as long as that apprehension continues.

The force used must not exceed what is necessary, and the right does not arise where there is time to seek the protection of public authorities. It extends to causing death only in the grave cases listed, such as reasonable fear of death, grievous hurt, rape or kidnapping. The accused need prove it only on a preponderance of probabilities, and need not weigh the force “in golden scales”.

Example

Faced with an armed attacker, the accused had a right of private defence extending to causing death, and was not required to run away.

In Indian law

See also

general exceptions · culpable homicide · murder · grave and sudden provocation

Read more in the study notes

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