view of the provisions contained in Sections 97 , 100 and 101 of
the IPC, the plea of self-defence was not available ... done in the
exercise of the right of private defence. Section 97 IPC goes on to define
the right of private defence
again we do not find much substance in the submission.
21. Section 96 IPC provides that nothing is an offence which is done ... Section. The Section merely
indicates that nothing is an offence which is done in the exercise of
such right. Similarly, Section 97 IPC
refer to the provisions of Section 97 and 103
IPC. Section 97 deals with right of private defence of the
body ... Though there would be right of private defence under
Section 97 IPC when offence of criminal trespass or
attempting criminal trespass is committed
private defence of property and person had been exceeded. Under Section 97 , I.P.C. there is provision of right of private defence ... theft or robbery or criminal trespass, subject to the restrictions contained in Section 99 , I.P.C. In Section 99 , I.P.C. there
private
defence under Sec. 97 to rescue Dharampuri especially in
view of Sec. 99 of the Indian Penal Code.
The learned Judges of the High ... conclusion that they were acting in the right of private
defence. Sec. 97 I.P.C. reads thus:
959
"Every person has a right
open fire. As such, their act is protected under Section 97 , Indian Penal Code and the learned trial Judge was patently in error in holding ... been rightly held by the learned trial Judge as hit under Section 162 , Criminal Procedure Code. The theory of conspiracy hatched the previous night
Indian Penal Code .. This is clear from a mere perusal of the sections relating to the right of private defence. Section 97, ... Indian Penal Code . The chapter opens with the words "Offences affecting the human body". It includes Sections
defence of the person and of property as envisaged in Section 97 , IPC. Section 100 , IPC provides :
The right of private
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
appellants that complainant party was the aggressor, we notice that Section 97 IPC recognises the right of a person not only to defend ... causing death. Both measures are however subjected to the restriction enumerated in Section 99 . Section 104 IPC contains the bridle that right
