Section 61 -
“When Right of Private Defense of the Body Extends to Causing
Death”:
The right of private defense of the body extends, under the restrictions
mentioned in sections 58 and 59, to the voluntary causing of death only
when the act to be repelled is of any of the following descriptions,
namely:(a) an attack which causes reasonable apprehension of death or
grievous hurt; or
(b) rape or an assault with the intention of gratifying unnatural lust; or
(c) abduction or kidnapping.
Section 62 -
“When Right of Private Defense of Property Extends to Causing
Death”:
The right of private defense of property extends, under the restrictions
mentioned in sections 58 and 59, of the voluntary causing of death only
when the act to be repelled is of any of the following descriptions,
namely:(a) robbery; or
(b) house-breaking by night; or
(c) mischief by fire committed on any building, tent or vessel, which
building, tent or vessel, is used as human dwelling or as place for
the custody of property; or
(d) theft, mischief or house-trespass in such circumstances as may
reasonably cause apprehension that, if such right of private defense
is not exercised, death or grievous hurt will be the consequence.
Section 63 -
“Right of Private Defense against Deadly Assault when there is Risk
of Harm to Innocent Person”: If, in the exercise of the right of private
defense 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
defense extends to the running of that risk.
Illustration: - (“A”) is attacked by a mob which attempts to murder him. He cannot
effectually exercise his right of private defense 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.
13