Private defence
What is the private defence of property and person and when does it extend to causing the death of the assailant
Introduction
Pakistan Penal Code gives a right to every person to defend his body or property from unlawful offence by using limited force. Such kind of usage of force to protect himself or protection of his property will be called private defence. Law does not want a person should live a cowardly life so the right of private defence has been vested in the person in the Pakistan Penal Code and nothing is an offence which is done in the exercise of the right of private defence
Definition of private Defence
The use of force for the protection of his life, family, and property from the offender is a private right and the defender will not be responsible for any act which is conducted by him for his defence
Force to be used
Every citizen has been given the right of private defence but law allows only reasonable force to be used to protect himself from an offender. If the offender uses extreme force which was not necessary for his protection or may cause the death of the assailant in this case defender will be liable to criminal proceedings
Classification of private defence of body which can cause of death of assailant
Private defence of the body which can cause the death of the assailant has been classified into below categories. Details are as under
Fear of Death
The right of private defence of the body can become the cause of the death of the assailant when the defender feels that the assailant's attack can become the cause of his death
Fear of Grievous Hurt
The right of private defence of the body can become the cause of the death of the assailant when the defender feels that the assailant's attack can become the cause of a grievous hurt
Intention of Rape
The right of private defence of the body can become the cause of the death of the assailant when the defender feels that the assailant intends to commit rape
Intention of Kidnapping
The right of private defence of the body can become the cause of the death of the assailant when the defender feels that the assailant’s intention is to kidnapping
The intention of wrongfully confining
The right of private defence of the body can become the cause of the death of the assailant when the defender feels that the assailant’s intention is wrongfully confining a person under such circumstances which will make him unable to reach public authorities for his release
Classification of private defence of property which can cause of death of an assailant
Private defence of the body which can cause the death of the assailant has been classified into below categories. Details are as under
Commission of robbery
The right of private defence of property can become the cause of the death of the assailant when the defender feels that the assailant intends to commit robbery
Commission of house breaking by night
The right of private defence of property can become the cause of the death of the assailant when the defender feels that the assailant intends to commit house-breaking by night
Mischief by fire
Right of private defence of property can become the cause of the death of the assailant when the defender feels that the assailant intends to mischief by fire to the building tent or other property which can become the cause of innocent casualties
Theft
The right of private defence of property can become the cause of the death of the assailant when the defender feels that the assailant intends to commit theft, which can become the cause of grievous hurt to the defender
Acts against which no private defence
Following are the details of those acts against which there is no private defence is available in the criminal law system
- When such an act will not become the cause of death or grievous hurt by a Public Servant who is acting in good faith.
- When such an act will not cause death or grievous hurt by a person who is acting on behalf of a public servant.
- When the defender has time to reach out to public authorities to release himself from the wrong
- Commencement and Continuance of the right of private defence of property and body
- The right of private defence of property and body commences when a dangerous situation gets started and such a dangerous situation comes to an end with the arrest of the offender.
- Commencement and continuance of private defence of property and body against different offences are discussed below.
Theft
The right of private defence of property against the thief continues till the thief remains at the location and if the thief has left the place along with the stolen property and is completely out of reach of the owner, in this case, such right of private defence will be discontinued
Trespass
The right of private defence of property continues only as long as the trespasser remains on that property and if the trespasser has left the property, in this case, such right of private defence will be discontinued
Robbery
The right of private defence of property against robbery continues as long as the offender can cause death or other grievous hurt or till the fear of the same remains continues
Apprehension of death
The right of private defence of the body continues till the fear of apprehension of death is not abolished
Intention to rape
The right of private defence of the body continues till the fear of rape by the offender does not abolish
Intention to kidnapping
The right of private defence of body continues till the fear of kidnapping by offender is abolished
Conclusion
To Conclude, it can be stated that it is necessary to exercise the right of private defence that the use of force should have become necessary against assailants and use of force should be reasonable. When a person uses such necessary and reasonable force through private defence, he will not be answerable in law for his deeds.