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
- the act by public servant in good faith.
- while the Public Servant is performing his duty in the official
- the act has no fear of death or grievous hurt.
2) No Right of Private Defense against an act done by direction of Public
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.