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Secondly.-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.‟‟

88. Section 99 IPC, 1860 provides:-

"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.

90. Section 102 IPC, 1860 provides:-

"102. Commencement and continuance of the right of private defence of the body.- The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence though the offence may not have been committed; and it continues as long as such apprehension of danger to the body continues.‟‟

91. The right of private defence would find its roots in the law of nature itself as it is the natural instinct in a man to defend himself against unlawful aggression. In fact, it is an animal instinct of self preservation. Self preservation is engrained naturally in both humans as well as other animals. It is a law of necessity. The concept of self defence, over the years, seems to have undergone various changes. Since defence is not limited to self defence only, the words "private defence‟‟ has been aptly used. The Law relating to private defence falls under Chapter IV under the head "General Exceptions‟‟ of the IPC, 1860. Section 96 to 106 IPC, 1860 deals with it. Today, a perusal of the afore-quoted sections makes it evident that it is not an offence if the act is done in the exercise of the right of private defence. Every person has a right to defend his own body, and also the body of any other person, against any offence affecting the human body. Every person also has a right, to defend 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. Under Section 98 IPC, 1860 even when an act, which would otherwise be a certain offence, is not that Sanjay Subba v. State of Sikkim offence, by reason of intoxication of the person doing the act, like in the present case, every person has the same right of private defence against that act which he would have if the act were that offence. Even though the aggressor against whom the right of private defence has been exercised is not liable for any punishment by reason of his personal incapacity to commit the crime or because he acts without the necessary mens rea, the defenders right to private defence is not affected thereby. The exercise of the right of private defence is subject to the limitations and exceptions provided in Section 99 IPC, 1860. The right of private defence in no case extends to inflicting of more harm than it is necessary to inflict for the purpose of defence. 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 of the body, thus, in view of Section 100, IPC, 1860 extends to the voluntary causing of death or of any harm to the assailant, if the offence which occasions the exercise of the right be of any of the description as enumerated in the seven clauses of Section 100 IPC, 1860. The apprehension that the assault would cause grievous hurt would give a legitimate right to the defendant under Section 100 IPC, 1860 and in such circumstances the right of private defence of the body would extend to causing death. Section 102 IPC, 1860 fixes the time when the right of private defence of the body commences and the time during which it continues. The right of private defence of the body commences as soon as reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence though offence may not have been committed; and it continues as long as such apprehension of danger to the body continues.