::Right of Private Defence in Pakistan

According to section 96 of Pakistan Penal Code, “nothing is an offence which is done in the exercise of right of private defence”. Every person has right to defend (under subject to some restriction hereinafter contain);

His body or body of any other person against an offence effecting human body

The property weather moveable or immovable of himself or any other person against theft, extortion, mischief and criminal trespass

Right of private defence against the act of person of unsound mind

Exception to the right of private defence/ Acts against which there is no right of private defence

According to section 99 of PPC there are following exceptions to the right of private defence;

There is no right of private defence against an act which doest not reasonably cause the apprehension of death of grievous hurt done by public servant in good faith.

Directing by public servant in good faith

When person has time to have recourse to the public authorities

It cannot extend to inflicting more harm than is necessary to inflict

When Right of Private Defence of body extend to cause Death

According to section 100 PPC, the right of body extends, under the restriction mentioned in section 99, to voluntary causing death or any other harm to assailant if;

There is apprehension of death from assault

Apprehension of grievous hurt

Intention of committing rape

Intention of committing un-natural lust

Intention of kidnapping or abducting

Intention of wrongfully confining a person, when he apprehend that he be unable to recourse to public authorities for his release.

When Right of Private Defence of property extend to causing Death

The right of private defence extends under restriction mentioned in section 99, to voluntary causing death or any other harm if;

There is apprehension of robbery

Apprehension of house-breaking by night

Mischief by fire committed on any dwelling place

Theft, mischief or house trespass and danger of death or grievous hurt

14 comments on “::Right of Private Defence in Pakistan

  1. Subject to specific restrictions the law gives a right to each individual to safeguard his body or property, or the body or property of someone else against unlawful hostility. He could shield his right by his energy or keep it from being abused.

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    • Practically Speaking, the Common Man in Pakistan has No Right of Private Defence against Criminals and Terrorists. Almost all Governments are Promoting Crime and Criminals by Restricting the Right of Private Defence by imposing Section-144 so that Respectable Law Abiding Citizens may not be in a position to carry their legal weapons and defend themselves against Criminals and Terrorists. Sorry to say but Sir it is beyond all doubts that Dejure Supreme Law of the Land is Constitution of 1973, but the Defacto Only Supreme Law of the Land is “Might is Right”. Time and again it is Practically 100% proven that if you are a Rich and Powerful person then you are “Above the Law” and if you are a Common Person then Law is your worst enemy. Sorry to all for speaking the painful real truth but it is no more the PTV era and everyone is well aware what is going on in the country in the name of Law and Justice.

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