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Yes! Self-defence is known as the Right to private defence.

Section 76 to 106 of IPC provides general exceptions from criminal liability. Section 96 to 106 provides defences when a person can kill someone in self-defence but section 99 of IPC Clearly mentions that the right to private defense can only be available when there is a a reasonable apprehension of death or grievous hurt to the person.

Section 100 reads, when the right to private defence extends to causing death- in such circumstances-

  1. Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault;
  2. Such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault;
  3. An assault with the intention of committing rape;
  4. An assault with the intention of gratifying unnatural lust;
  5. An assault with the intention of kidnapping or abducting;
  6. 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.

Section 101, reads the circumstances which don’t fall under section100 shall be considered under section 101.

Section 102, talks about the extent and continuance of such an offence.

Explanation- If A comes and starts beating B with a stick under a quarrel and B at the instance puts out his pistol and shoots A. Here, B cant use the right to private defense as the right comes along with certain restrictions. It says you can’t use a higher force or excessive force against the person.

self defence

In an another instance , lets suppose A is being attacked by a mob. He has a pistol and is being surrounded by the mob having sticks, hockey sticks and axes. He knows if he doesn’t take any quick action he can get himself killed. In this case, he knows if he fires at the mob, an innocent person can also die but here he can entertain and use his right of private defense to save himself.

Conclusion- The above mentioned penal provisions provide situations when a person can kill someone in private defense but it should be subjected to reasonable apprehension of death or grievous hurt. Right to private defense is not only limited to bodily harm but is available against the property of your own or others as well.

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