Description

Introduction

While self-defence is a fundamental right, it cannot be used in all situations. Section 99 IPC outlines exceptions where a person cannot claim the right of private defence. This law ensures that self-defence is not misused to justify unnecessary violence.

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Key Provisions Under Section 99 IPC

A person cannot claim private defence in the following situations:

1. Against Acts Done by a Public Servant Acting in Good Faith

• If a police officer, judge, or government official is performing their duty in good faith, a person cannot use force against them.
• Example: A police officer arrests a suspect with a valid warrant—resisting and attacking the officer is not self-defence.

2. Against Acts Done by a Public Servant Under Authority of the Law

• If a government officer or police official is following a legal order, their actions do not justify self-defence.
• Example: A court officer lawfully seizing property under a court order—attacking them is not self-defence.

3. When There Is a Reasonable Way to Seek Legal Help

• A person cannot claim self-defence if they have enough time to seek police or legal help instead of using force.
• Example: If someone threatens to file a false case against you in the future, you cannot attack them immediately and claim self-defence.

4. When There Is No Immediate Danger

• Self-defence can only be used when there is an actual, immediate threat. If the attack has already ended, retaliating is not self-defence.
• Example: If a thief runs away after stealing your phone, chasing and killing them is not self-defence.

5. When More Force Is Used Than Necessary

• The force used in self-defence must be proportional to the threat. Excessive force is not justified.
• Example: If someone slaps you in an argument, shooting them in response is not self-defence.

Punishment

Punishment Under Section 99 IPC

Section 99 IPC does not prescribe any punishment because it only defines the limitations on the right of private defence.

However, if a person wrongfully claims self-defence in situations where Section 99 applies, they can be punished under other IPC sections, such as:

1. If the person causes death without justification ? Section 302 IPC (Murder) - Punishable with Death or Life Imprisonment
2. If excessive force is used, but death is not caused ? Section 323 IPC (Voluntarily Causing Hurt) - Punishable with up to 1 Year Imprisonment or Fine
3. If a person attacks a public servant ? Section 353 IPC (Assault on Public Servant) - Punishable with up to 2 Years Imprisonment