the same right of private defense against that act which he would have if
the act were that offence.
Illustrations:(a) (“Z”) under the influence of madness attempts to kill (“A”). (“Z”) is guilty of
no offence. But (“A”) has the same right of private defense which he would
have if (“Z”) were sane;
(b) (“A”) enters by night a house which he is legally entitled to enter. (“Z”) in
good faith taking (“A”) for a house breaker, attacks (“A”). Here (“Z”), by
attacking (“A”) under this misconception, commits no offence. But (“A”) has
the same right of private defense against (“Z”), which he would have if (“Z”)
were not acting under that misconception.
Section 58 -
“General Limit of Right of Private Defense”: The right of private
defense in no case extends to the inflicting of more harm than it is
necessary to inflict for the purpose of defense.
Section 59 -
“No Right of Private Defense when Protection of Public Authorities
Available”: There is no right of private defense in cases in which there is
time to have recourse to the protection of the public authorities.
Section 60 -
“Limitation of Right of Private Defense Against Act of Public
Servant”:
There is no right of private defense against an act which does not
reasonably cause the apprehension of death or of grievous 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.
There is no right of private defense against an act which does not
reasonably cause the apprehension of death or of grievous 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.
Explanation 1 – A person is not deprived of the right of private defense against
an act done or attempted to be done by a public servant as such, unless he
knows or has reason to believe that the person doing the act, or attempting
to do it, is such public servant.
Explanation 2 – A person is not deprived of the right of private defense against
an act done or attempted to be done by the direction of a public servant,
unless he knows or has reason to believe that the person doing the act is
acting by such direction or, if he has authority in writing, unless he
produces such authority if demanded.
12