IPC Section 102: Right of Private Defence of the Body – Commencement and Continuance
1. State the code:
Section 102 of the Indian Penal Code (IPC) deals with the commencement and continuance of the right of private defence of the body.
2. Explain it:
This section outlines the conditions under which the right of private defence of the body can be exercised and how long it can continue. It states that the right of private defence of the body commences when there is an apprehension of immediate danger to the body and continues as long as that apprehension continues.
3. Illustrate it:
Let’s consider an example:
- A is walking down a street when B suddenly attacks A with a knife. A, fearing for his life, defends himself by using force against B.
- In this case, A’s right of private defence commences when B attacks him and continues as long as A reasonably apprehends immediate danger to his body from B’s attack.
4. Gist of Common Questions and Answers:
Q: What if the danger to the body is not immediate?
A: The right of private defence of the body does not apply if the danger is not immediate. The threat must be present and imminent.
Q: Can I continue to use force after the danger has ceased?
A: No, the right of private defence ceases when the apprehension of immediate danger to the body ends. Continuing to use force after this point could be considered an assault or battery.
Q: What if I use more force than necessary?
A: The use of force must be proportionate to the threat. Excessive force may result in criminal liability.
