Section: Pakistan Penal Codes ACT 1860

Question About: Restrictions Imposed upon the use of force in Self-defence under PPC

Q. (a) when the rights of private defense of property start and till what time it continues?
Q. (b) what are the restrictions imposed upon the use of force in self-defence under PPC?

Answer

Ans: (a)

Commencement and continuance of the right of private defense of property:

According to Section 105 of the Pakistan Penal Code 1860, provides that the right of private defense of property commences when a reasonable apprehension of danger to the property commences.

Against theft:

The right of private defense of property, against theft continues till the offender has affected his retreats with the property of either the assistance of the public authorities is obtained or the property has been recovered.

Against robbery:

The right of private defence of property against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt of instant personal restrain continues.

Against criminal trespass:

The right of private defence of property against criminal trespass or mischief continues as long as the, offender continues in the commission of criminal trespass or mischief.

Against housebreaking:

The right of private defence of property against house breaking by night continues as long as the house trespass which has been begun by such house breaking continues.

Explanation:

From the above it would be seen that every person in possession of property movable or immovable is entitled to defend his possession against anyone who tries to evict him by force to steal from him or to do an act which has the effect of causing injury to it. Section 97 of the Code enjoins that every person has the subject to the restrictions contained in Section 99 to defend his own body, and the body of another person against any offence affecting the human body. The restriction imposed by S. 99 of the Code is that there is no right of private defence against an act which does not reasonably 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. Further there is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities.
In the instant case P has exceeded his right of private defence of the property. The cause does not fall under Section 103 of the Code where under the causing of death of the thief could he justified on his rising an alarm the thief beat a retreat and hence there Was no justification in causing his death. Thus, he shall be guilty of culpable homicide not amounting to murder coming within the purview to Exception 2 to Section 300 of the Pakistan Penal Code 1860.

Ans: (b)

Section 99 PPC lays down these limitations:

These are as follows:
1.

Public Servant:

There is no right of private defence against a public servant, when he is performing his functions as such, unless his act reasonably causes the apprehension of death or grievous hurt.
2.

Under the Direction:

There is .no right of private defence against an act which is being performed under the directions of a public servant, in good faith, unless the act reasonably causes the apprehension of death or grievous hurt.
3.

Opportunity:

There is no right of private defence in cases where there is time to have recourse to public authorities.
4.

More Power:

The right of private defence in no case extends to the causing of more harm than it is necessary to inflict for the purposes of defence.
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