Page:Syariah Penal Code Order, 2013.pdf/27

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22nd. OCTOBER, 2013


Right of private defence of body and property.

26. Every person has a right, subject to the restrictions contained in section 28, to defend—

(a) his own body, and the body of his wife and descendant, against any offence affecting the human body;
(b) the property of himself, the property of his wife or descendant, whether movable or immovable, against any act which is an offence falling under the definition of sariqah or hirabah, or which is an attempt to commit sariqah or hirabah.

Right of private defence against act of person of unsound mind etc.

27. When an act, which would otherwise be. a certain offence is not that offence, by reason of not being a mumaiyiz, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.

Illustration

A under the influence of madness, attempts to commit qatl against B. A is guilty of no offence, but B as the same right of private defence which he would have if A were sane.

Acts against which there is no right of private defence.

28. (1) There is no right of private defence against an act which does not reasonably cause the apprehension of death or of hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act may not be strictly justifiable by law.

(2) There is no right of private defence against an act which does not reasonably cause the apprehension of death or of hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law.

(3) There is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities.

(4) 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
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