Right of Private Defense Under Pakistan Penal Code Sections 96 to 106 PPC
The Right of Private Defense is one of the most important rights given by law to every citizen of Pakistan. It is defined under Sections 96 to 106 of the Pakistan Penal Code (PPC) 1860.
According to Section 96 PPC, nothing is an offence which is done in the exercise of the right of private defense. This means if a person causes harm while defending himself, his property, or another person, it will not be considered a crime.
Two Types of Private Defense
1. Defense of Body (Section 100 & 101): Every person has right to defend his own body and the body of any other person against any offence affecting the human body.
2. Defense of Property (Section 101 & 104): Every person has right to defend his own movable or immovable property and property of any other person against theft, robbery, mischief, and criminal trespass.
When Does Right Extend to Causing Death?
Normally, private defense should not cause more harm than necessary. But under Section 100 PPC, right of private defense of body extends to causing death of attacker in following cases:
a) If assault is such that it may cause death.
b) If assault may cause grievous hurt.
c) If assault is with intention to commit rape.
d) If assault is with intention to gratify unnatural lust.
e) If assault is with intention to kidnap or abduct.
f) If assault is with intention to wrongfully confine where victim cannot approach public authorities.
Under Section 103 PPC, right of private defense of property extends to causing death in case of:
a) Robbery
b) House-breaking by night
c) Mischief by fire to a building used for dwelling or custody of property
d) Theft, mischief or house-trespass which may cause danger of death or grievous hurt.
Limits and Restrictions Under Section 99 PPC
Right of private defense is not absolute. It has following limits:
1. There is no right of private defense against an act done by a public servant acting in good faith under colour of his office.
2. There is no right if there is enough time to take help of public authorities.
3. The right does not extend to causing more harm than is necessary to inflict for defense.
When Does the Right Start and End?
The right of private defense of body starts when there is reasonable apprehension of danger and continues as long as such apprehension continues. The right of private defense of property starts when danger comes and in case of theft continues till offender has effected his retreat, or help of public authorities is obtained, or property is recovered.
Burden of Proof
The burden to prove that act was done in private defense is on the accused, but under Article 121 of Qanun-e-Shahadat Order, the court presumes absence of such circumstances.
The right of private defense is a legal shield, not a weapon for revenge. It must be used with proportionality and only when immediate danger exists.
