Question

Right of private defence, under the Indian law, extends to

• A. One’s own body and property
• B. Body and property of near and dear ones
• C. Body of property of even strangers
• D. All of the above

Hint:

The right of private defence is a right of defence, not of retribution or reprisal.
Always remember that under Section 99, there is no right of private defence where there is time to have recourse to the protection of the public authorities.

Answer 1

The Correct Option is D

Step 1: Understanding the Question:
The question asks about the legal limits and scope of the right of private defence under Indian criminal law.
Specifically, it aims to determine whose body or property a person is legally entitled to protect under this right.

Step 2: Key Legal Principles and Approach:
The statutory source for this right is Section 97 of the Indian Penal Code, 1860 (now corresponding to Section 35 of the Bharatiya Nyaya Sanhita, 2023).
Section 97 explicitly outlines the subject matter of private defence, dividing it into the defence of the human body and the defence of property.

Step 3: Detailed Explanation:

• Defense of the Body: Under the first clause of Section 97, every person has a right to defend his own body, and the body of any other person, against any offence affecting the human body.

• Defense of Property: Under the second clause of Section 97, every person has a right to defend 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 those offences.

• Scope of "Any Other Person": The statutory language uses the term "any other person" without placing any restriction on the relationship between the defender and the person being defended.

• This implies that the right is not limited to protecting oneself or one's family and near relatives.

• It extends to protecting complete strangers if they are subjected to an unlawful assault or if their property is under threat.

• This wide scope is based on the social purpose of the law, encouraging citizens to help each other in times of imminent danger when state machinery cannot reach them immediately.

• Therefore, the right of private defence covers one's own body and property (Option A), the body and property of near and dear ones (Option B), and the body and property of even strangers (Option C).

• Consequently, "All of the above" is the correct option.

Step 4: Final Answer:
The right of private defence under Indian law extends to protecting the body and property of oneself, near ones, and even strangers, making Option (D) the correct answer.