Indian Penal Code,1860
Act No : 45
Section :
Acts against which there is no right of private defence.Extent to which the right may be exercised.
99. Acts against which there is no right of private defence.--There is no right of private defence against an act which does notreasonably cause the apprehension of death or of grievous hurt, ifdone, or attempted to be done, by a public servant acting in goodfaith under colour of his office, though that act may not be strictlyjustifiable by law. There is no right of private defence against an act which doesnot reasonably cause the apprehension of death or of grievous hurt, ifdone, or attempted to be done, by the direction of a public servantacting in good faith under colour of his office though that directionmay not be strictly justifiable by law. There is no right of private defence in cases in which there istime to have recourse to protection of the public authorities. Extent to which the right may be exercised.--The right of privatedefence in no case extends to the inflicting of more harm than it isnecessary to inflict for the purpose of defence.119 Explanation 1.-A person is not deprived of the right of privatedefence against an act done, or attempted to be done, by a publicservant, as such, unless he knows or has reason to believe, that theperson doing the act is such public servant. Explanation 2.-A person is not deprived of the right of privatedefence against an act done, or attempted to be done, by the directionof a public servant, unless he knows, or has reason to believe, thatthe person doing the act is acting by such direction, or unless suchperson states the authority under which he acts, or if he hasauthority in writing, unless he produces such authority, if demanded.
