22nd. OCTOBER, 2013
commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter enumerated—
- (a) hirabah;
- (b) sariqah, under such circumstances as may reasonably cause apprehension that death or hurt will be the consequence, if such right of private defence is not exercised.
When such right extends to causing any harm other than death.
33. If the offence, the committing of which or the attempting to commit which, occasions the exercise of the right of private defence, be sariqah that is not of any of the descriptions enumerated in section 32, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions mentioned in section 28, to the voluntary causing to the wrongdoer of any harm other than death.
Commencement and continuance of right of private defence of property.
34. (1) The right of private defence of property commences when a reasonable apprehension of danger to the property commences.
(2) The right of private defence of property against sariqah continues till the offender has effected his retreat with the property or either the assistance of the public authorities is obtained or the property has been recovered.
(3) The right of private defence of property against hirabah 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, of instant hurt, or of instant personal restraint continues.
Right of private defence against deadly assault when there is risk of harm to innocent person.
35. If, the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk.
Illustration
A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children.
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