Things done in private defence is defined under section 96 of ipc. Provisions under IPC section 96 explained here:

What is Section 96 IPC:

Nothing is an offence which is done in the exercise of the right of private defence.

COMMENTS

Merely because the occurrence happened in front of the house of the appellants ,it can not be said that the complainant party where the aggressors . to find out as to who where the aggressors ,the entire incident must be examined with due care in its proper setting .CASE: Dashrath alias jolo vs state of chhattisgarh ,AIR 2018 SC 1133.

Section 96 IPC Explanation:

This section means the act done in order to prevent yourself from harm will not be an offence (right to private defence is applicable only when the act done is equivalent to the injury you would have got if you didin’t exercised your right to private defence), for eg. A is trying to stab B with a knife suddenly B picked a rod lying nearby him and threw it at A making him bleed, he can exercise his right to private defence.

Nothing is an offence which is done in exercise of the right of private defence. Thus, right of a private defence is available against all persons, except against those which are mentioned in Section 99 and Section 97 defines that this right is available, under the restrictions contained in Section 99, to defend.

The property, whether movable or immovable property of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass or which is an attempt to commit theft, robbery, mischief or criminal trespass.

When an act, which would otherwise be a certain offence, is not that offence by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, every person has the same right of private defence against that act which he would have if the act were that offence (Section 98).


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