refer to the provisions of Section 97 and 103
IPC. Section 97 deals with right of private defence of the
body and of property ... exercised."
Though there would be right of private defence under
Section 97 IPC when offence of criminal trespass or
attempting criminal trespass is committed
clear from a mere perusal of the sections relating to the right of private defence. Section 97, I.P.C. is:
Every person ... property and within the limits of Section 97 and the following sections of the Penal Code.
24. It was held in Gouri Shanker v. Sheikh
offences punishable under section 304 Part-I read
with section 34 of the Indian Penal Code and section 135
of the Bombay Police Act. Thus ... Criminal Appeal No.
170/97 of the offences punishable under section 304
Part-I read with section 34 I.P.C. as well as section
Court of Chief Judicial Magistrate Ambikapur claiming custody of children under Section 97 Cr.P.C. The learned Magistrate by his order dated ... learned counsel for the petitioner is that once an application under Section 97 Cr.P.C. has been decided and disposed off by a court
given the opinion
on the MLC nos. 58621/97, 58622/97, 58623/97 and 58621/97 of patient Chandi Das
Mishra, Deepak Kumar ... U/s.
147/148/149/186/323/332/353/379/506 IPC
State Vs. Jameel Ahmed and Ors.
PS. OIA
U/s. 147/148 IPC
view of the provisions contained in Sections 97 , 100 and 101 of
the IPC, the plea of self-defence was not available to the
appellants ... done in the
exercise of the right of private defence. Section 97 IPC goes on to define
the right of private defence of the body
97/40/97 convicting the appellants herein for the
offence punishable under Section 302 of the Indian Penal
Code (in short the " IPC ... Arms Act,
1959, Section 302 read with Section 149 of the IPC and
Section 324 read with Section 149 of the IPC and maintained
private defence of the person and of property as envisaged in Section 97 , IPC. Section 100 , IPC provides :
The right of private defence
under Section 302 I.P.C., Police Station Kotwali, Ghazipur.
9. Case Crime No. 294/91, under Sections 307 / 302 I.P.C., Police Station ... under Sections 323 / 352 / 307 I.P.C., Police Station Kotwali, Ghazipur.
14. Case Crime No. 169/96, under Section 302 I.P.C., Police
nature of cross-case.
Thus, the Sessions Case No. 88/97 under Section 307 IPC
against the appellant/petitioner as well as the complaint
case ... Additional
Sessions Judge convicting the appellant/petitioner under Section
307 IPC in Sessions Case No.88/97 and allowing revision petition
1/98 cannot
