Section 102 in The Indian Penal Code, 1860
102. Commencement and continuance of the right of private defence of the body.—
The right of private
Delhi.
First Information Report Number : 102/11
Police Station Nangloi,
Under sections 363 / 376 of the Indian Penal Code.
Date of filing of the charge ... offence under section 363 and 376 of the
Indian Penal Code (hereinafter referred to as the IPC ) on the allegations that
pure exercise of right of
private defence as contemplated u/s 102 IPC . Confronted with these
issues, I now proceed to decide ... would be pertinent to quote
Sections 96 , 97 , 100 and 102 IPC for the sake of convenience and the
same are reproduced
Amarsinh
Zala, for the offences under Sections 336 IPC, 102 Cr.P.C , 179 r/w
52 r/w 177 of the Motor ... Crime No.216/2023, for the offences under
Sections 336 IPC, 102 Cr.P.C ., 179, 52 r/w 177 of Motor Vehicles
this
regard. ASI Soran Singh seized the motorcycle under Section 102
IPC vide Seizure Memo Ex.PW9/A which bears his signatures ... proved Seizure Memo of the said motorcycle
made u/s. 102 IPC as Ex.PW9/A.
40. So, both
Delhi.
e Offence complained of :392/411/34 IPC & 102 Cr.P.C
f Plea of the Accused and :Not guilty ... 102 Cr.P.C .
2. Chargesheet in this matter was filed in the court on
02.09.2022 for the offences u/s 392 / 411 / 34 IPC
careful exami-
nation of the provisions of Sections 96 , 99 and 102 I.P.C.
would show that on a reasonable apprehension of grievous
hurt ... General Exception in the Indian
Penal Code , or any special exception or proviso contained in
another part of the same Code
SC1459 (36)
ACT:
Penal Code-S. 99 to 102-Private defence when can be
exercised-"Settled possession" meaning of.
HEADNOTE:
All the appellants ... under the limitations provided for in Ss. 99
to 102 of the Indian Penal Code and these limitations apply
to the facts of the present
been enumerated under Section 97 , IPC, subject to
the restrictions contained in Section 99 , IPC. As per the said section
every ... attempt to commit theft, robbery, mischief or
criminal trespass.”
Section 102 , IPC, deals with commencement and continuance of the
right of private defence
such a
case, he was acquitted of the offence under Section 302 IPC.
In this connection Dua, J., speaking for this Court ... seems to have
missed is the provision of law embodied
in Section 102 , I.P.C. According to that
section the right of private defence