PENAL CODE : Right of Private Defence
96.Nothing is an offence which is done in the exercise of the right of private defence.
97.Every person has a right, subject to the restrictions contained in section 99, to defend—
- (a) his own body, and the body of any other person, against any offence affecting the human body;
- (b) the property, whether movable or immovable, of himself or of any other person, against any act which is an
offence falling under the definition of theft, robbery,mischief or criminal trespass, or which is an attempt to
commit theft, robbery, mischief or criminal trespass.
98.When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind, or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.
- (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 defence 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 defence against Z, which he would have if Z were not acting under that misconception.
99.Acts against which there is no right of private defence
- There is no right of private defence 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 defence 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.
- There is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities.
- The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence.
- Explanation 1—A person is not deprived of the right of private defence 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 is such public servant.
- Explanation 2—A person is not deprived of the right of private defence 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 unless such person states the authority under which he acts, or, if he has authority in writing, unless he produces such authority, if demanded. When the right of private defence of the body extends to causing death
- The right of private defence of the body extends, under the restrictions mentioned in the last preceding, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right is of any of the following descriptions:
- (a) such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault;
- (b) such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the
consequence of such assault.
- (c) an assault with the intention of committing rape;
- (d) an assault with the intention of gratifying unnatural lust;
- (e) an assault with the intention of kidnapping or abducting;
- (f) an assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release.
*加入 我们的“法律与你同行”FB 群组: http://bit.ly/fblawnjustice
*Like 我们的“法律与你同行” FB Page: http://bit.ly/lawnjusticefbpage
*Wilson Kuek是“法律与你同行 Law & Justice”面子书群组的创办人。“法律与你同行”是马来西亚最大的法律平台。我们为无数的平民百姓免费解除了各类的法律困扰。
*Kuek, Ong & Associates. Advocates & Solicitors. No.86-1, Jalan Mahagoni 1, Bandar Botanic, 41200 Klang, Selangor Darul Ehsan. Klang Lawyer. 巴生(吧生)律师楼。
*We have more than 15 years of experience in the legal profession. We handle matters such as commercial disputes, civil litigation, debt recovery, probate & letter of administration, will, divorce, children custody, maintenance/alimony, adoption, distribution of matrimonial assets, drafting commercial agreement, drafting sale and purchase agreement, process loan documentations, legal consultation, legal advisory, miscellaneous legal works.
#马来西亚华人律师 #巴生律师 #吧生律师 #Klang Lawyer #KL律师 #吉隆坡律师 #KL Lawyer #懂华文的律师