Bailabel Type : non-bailable

Description

A person has the right to cause death or any other harm to the attacker if the offense leading to the self-defense falls under the following conditions:

1. Assault causing reasonable apprehension of death

• If the attack is such that the victim has a reasonable belief that they will be killed, they are legally allowed to use force, even to the extent of causing the assailant’s death.
• Example: If an armed robber attacks a person with a deadly weapon such as a knife or a gun, and the victim believes they will be killed, they can defend themselves by using lethal force.

2. Assault causing reasonable apprehension of grievous hurt

• If the assault is likely to cause serious, life-threatening injuries that could permanently impair the body or put life in danger, the victim can use necessary force to defend themselves.
• Example: If a group of assailants attack a person with sticks and rods, attempting to break their limbs, the victim has the right to use force to protect themselves.

3. Assault with the intention of committing rape

• If a person is being attacked with the intention of committing rape, they or any other individual can exercise their right of private defense, even to the extent of causing the attacker’s death.
• Example: If a woman is forcefully grabbed and overpowered in an isolated place with the intent of rape, she has the right to use any means, including lethal force, to protect herself.

4. Assault with the intention of gratifying unnatural lust

• If an assailant attempts to force someone into unnatural sexual activities, the victim has the right to defend themselves, even if it results in the death of the attacker.
• Example: If a person tries to force another into unnatural sexual acts or sodomy, the victim can resist using all necessary means.

5. Assault with the intention of kidnapping or abducting

• If an attack is carried out with the intention of kidnapping or abducting a person, the victim or any bystander has the right to defend against the assailant.
• Example: If a person tries to forcibly abduct a child or drag a woman into a vehicle against her will, they or anyone witnessing the act can use force to prevent it.

6. Assault with the intention of wrongful confinement

• If a person is wrongfully confined in such a way that they cannot seek help from the public authorities or escape, they can use force to free themselves.
• Example: If a person is forcibly locked in a room with intent to harm them or extort ransom, they have the right to use necessary force to break free.

Punishment

Section 100 IPC itself does not impose punishment because it is a defensive provision. However, if a person claims self-defense after killing or injuring someone, the court will analyze the circumstances to determine:

• If the act was justified, the person will be exonerated.
• If excessive force was used beyond what was necessary, the accused may be charged under Section 302 IPC (Murder - Non-Bailable) or Section 304 IPC (Culpable Homicide - Non-Bailable).