Right of Private Defense and Restrictions Imposed on it in Pakistani Criminal Law

(Asaf Shah Khan, )

Right of Private Defense:
Right of Private Defense is special right in criminal laws it gives right to person to protect his body or body of someone else from attack by counterattack. And this private defense also extends to property defense. Act of any person that have done in private defense is not an offense.
It is very important and of great use right to protect himself, property, body of other one and property of other one. But in the law to protect this right from misuse there are imposed some restrictions on this right of private defense. In Pakistan Penal Code the main subject of our course of criminal law the restriction imposed on private defense right are given bellow.

The Restrictions Imposed on Right of Private Defense:
In Pakistan Penal Code as there has mentioned right of Private Defense there are also some restrictions to protect this right from misuse. In section-99 of Pakistan Penal Code (PPC) these restrictions have mentioned. The given restrictions are following.
1) No right of private defense against Public Servant:
There is no right with a person of private defense against such act which doesn’t reasonably cause apprehension/fear death or grievous hurt of a Public Servant while the Public Servant is acting in good faith under the color of his office even though the act he has done is not strictly justifiable by law.
In simple words we can explain that a person has no right of private defense against the act of Public Servant, even though the act is not purely under the law if:
- the act by public servant in good faith.
- while the Public Servant is performing his duty in the official uniform/protocol.
- the act has no fear of death or grievous hurt.

2) No Right of Private Defense against an act done by direction of Public Servant:
There is right with a person of private defense against an act which has done by a person on the direction of Public Servant with good faith and under the colour of office, and that act has no reasonable cause apprehension of death or grievous hurt. Even though the act is not strictly justifiable by law.
In simple words we can say that a person has no right of private defense against any act done by a person under the direction or order of public servant even though the act is not fully legal if the act has done:
-in good faith
-under the direction of Public Servant
-performing official duty
-in official protocol
-the act has no fear that this act may cause death or grievous hurt.
(Note: In point 1 & 2 it is necessary that a person knows that the doer is Public Servant or reason to believe that the doer is Public Servant Or the person knows that the act is under direction of Public Servant or there is reason to believe. )

3) No right of Private Defense against such act in which there is time:
A person has no right of private defense against of such act of other person which has not taken place in have sometime in which that person can recourse to the protection of Public Authorities.
We can say a person have no right of private defense if:
-the act has not taken place yet.
- there is time in taking place of that act.
-possibility that the Public Authorities reach in time for protection.
- have any source to approach to responsible authorities.
(in most simple words there is no right in such cases which are not instant)

4) Extent to which may right be exercised:
The right of private defense will be always in proportional to the act. There is also restriction that no one can use more power against the act from which for protection using right of private defense.
This part of the section is telling us about the restriction on using of right of private defense against an act that a person cannot use unbalance power. For example, a person “A” is fighting with a person “B” and he is using knife in the response as per rule of private defense “B” can only use knife or something which is less danger than knife but in the response the action but cannot use more danger weapon like pistol, gun, digger etc.
 

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27 Jul, 2021 Views: 745

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