Answer
Right of Private Defense:
Subject to certain limitations the law gives a right to every person to defend his body or property, or the body or property of another person against unlawful aggression. He may protest his right by his own force or prevent it from being violated. It is a right inherent in a man, but the kind and amount of force is minutely regulated by law. This use of force to protect ones property and person is called the right of private defence.
Right of private defence commences:
Section 97 lays down that every person has a right, subject to the restrictions contained in Section 99, to defend his own body and the body of any other person, against any offence affecting the human body. Section 102 of the Code provides that the right of private defence of the body commences as soon as a reasonable apprehension of danger the body arises from an attempt or threat to commit the offence though the offence may not have been committed; and it commences as long as such apprehension of danger to the body continues. It is clear from the wording of the section that the right commences and continues as long as danger to body lasts. The extent to which the exercise of the right will be justified will depend not on the actual danger but on whether there was reasonable apprehension of such danger. There must be an attempt or threat, and consequent thereon an apprehension of danger, but it should not be a mere idle threat. There must be reasonable ground for the apprehension.
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When the right of private defence of the body extends to causing death:
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 apprehension that grievous hurt will otherwise be the consequence assault;
Thirdly:
An assault with the intention of committing rape;
Fourthly:
An assault with the intention of gratifying 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 apprehend that he, will be unable to have recourse to authorities for his release.
Right of private defence of property extends death:
The right of private defence of property extends to causing of death or any other harm to the wrongdoer in the following nature:
1. Robbery:
For instance, A and D with deadly enter into B’s house to commit robbery. B has right to kill A and D.
2. House breaking by night:
For insolence, Z, by breaking the wall enters into K’s house i’ the night in
order to commit theft K has right to kill him.
3. Mischief by fire:
Committed on any building etc. which is used as a dwelling or as a plan for custody
of property.
For instance, Z puts K’s building on fire, K has right to kill him.
3. Theft, mischief, of house trespass:
under such circumstances as reasonably cause the apprehension of death or grievous hurt.
For instance, A, B with deadly weapon across jump into C’s house in order to commit theft.