Illustrations. (a) Z, under the influence of madness, attempts to kill 4; Z is guilty of no offence. But A has the same right of private defence which he would have if Z were sane. (b) A enters by night a house which he is legally entitled to enter. Z, in good faith', taking A for a house-breaker, attacks 4. Here Z, by attacking A under this misconception, commits no offence. But A has the same right of private defence against Z, which he would have if Z were not acting under that misconception. which no 99. First.-There is no right of private defence against an Acts act which does not reasonably cause the apprehension of death against or of grievous hurt 2, if done, or attempted to be done, by a right of private public servant acting in good faith1 under colour of his office, defence. though that act may not be strictly justifiable by law 3. Second.-There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt 2, if done, or attempted to be done, by the direction of a public servant acting in good faith1 under colour of his office, though that direction may not be strictly justifiable by law. Third. There is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities *. Fourth. The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence". Explanation 1.-A person is not deprived of the right of private defence against an act done, or attempted to be done, by a public servant, as such, unless he knows, or has reason to believe, that the person doing the act is such public servant. Explanation 2.-A person is not deprived of the right of private defence against an act done, or attempted to be done, by the direction of a public servant, unless he knows, or has Extent to which right may be exer cised. When right of private defence of body extends to causing death. reason to believe, that the person doing the act is acting by such direction; or unless such person states the authority under which he acts, or, if he has authority in writing, unless he produces such authority, if demanded 1. When such right extends to causing other harm. Com mence ment and 100. The right of private defence of the body extends, under the restrictions mentioned in the last preceding section 2, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely― First. Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault; Secondly. Such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault; Thirdly. An assault with the intention of committing rape ; Fourthly.-An assault with the intention of gratifying unnatural lust 5; Fifthly. An assault with the intention of kidnapping or abducting 7; Sixthly.-An assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release. 101. If the offence be not of any of the descriptions enumerated in the last preceding section, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions mentioned in section 99, to the voluntary causing to the assailant of any harm other than death". 102. The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body ance of arises from an attempt or threat to commit the offence, continuthough the offence may not have been committed; and it such right. continues as long as such apprehension of danger to the body continues. right of 103. The right of private defence of property extends, When under the restrictions mentioned in section 99, to the voluntary private decausing of death or of any other harm to the wrong-doer, if fence of property the offence, the committing of which, or the attempting to extends to commit which, occasions the exercise of the right, be an causing offence of any of the descriptions hereinafter enumerated, namely First.-Robbery1; Secondly.-House-breaking by night2; Thirdly.-Mischief by fire3 committed on any building, tent or vessel 4, which building, tent or vessel is used as a human dwelling, or as a place for the custody of property; Fourthly.-Theft, mischief, or house-trespass 5, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised. death. tends to other 104. If the offence, the committing of which, or the When such attempting to commit which, occasions the exercise of the right exright of private defence, be theft, mischief, or criminal causing trespass, not of any of the descriptions enumerated in the last harm. preceding section, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions mentioned in section 99, to the voluntary causing to the wrong-doer of any harm other than death. mence 105. First. The right of private defence of property com- Commences when a reasonable apprehension of danger to the ment and property commences. continu ance of Second.-The right of private defence of property against such right. theft continues till the offender has effected his retreat with the property or the assistance of the public authorities is obtained, or the property has been recovered. 1 Sec. 390. 2 Sec. 446. + Sec. 48. 5 Secs. 378, 425, 442. Right of private defence against deadly assault when risk of harm to innocent person. Third. The right of private defence of property against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint 1, or as long as the fear of instant death or of instant hurt or of instant personal restraint continues. Fourth. The right of private defence of property against criminal trespass 2 or mischief3 continues as long as the offender continues in the commission of criminal trespass or mischief. Fifth. The right of private defence of property against house-breaking by night continues as long as the housetrespass which has been begun by such house-breaking continues. 106. If, in 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. He can A is attacked by a mob who attempt to murder him. not 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. • Sec. 446. 3 Sec. 425. 2 Sec. 441. 1 Sec. 339. CHAPTER V. OF ABETMENT. 107. A person abets the doing of a thing, whoFirst.-Instigates any person to do that thing; or Secondly.-Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing1; or, Thirdly.-Intentionally aids, by any act or illegal omission 2, the doing of that thing. Explanation 1.-A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing 3. Illustration. ▲, a public officer, is authorised by a warrant from a Court of Justice to apprehend Z. B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here, B abets by instigation the apprehension of C. Explanation 2.-Whoever, either prior to or at the time of the commission of an act, does anything in order to 1 As to the evidence of a conspiracy to abet a woman to become a sati, see 3 N. W. P. 316. As to conspiring to enhance the price of opium at Government opium sales, 5 Moo. I. A. 109. In 8 Suth. Cr. 79, col. I, the accused having resiled' from his agreement to join others in committing a theft, was held not to fall within clause 2. An omission to give information that a crime has been committed does not, under this section, amount to abetment unless such omission in Abetment defined. |