Section 100 of IPC

Section 100 of IPC recognises that there are circumstances where resorting to force, including causing death, becomes justifiable as a private defence. However, it is important to note that this right is not absolute, and the extent of force used must be reasonable and proportionate to the threat faced.

Through the provisions outlined in this section, the law seeks to strike a delicate balance between safeguarding the rights of individuals to protect themselves and maintaining the principles of justice and accountability. Applying Section 100 in real-world situations requires a careful examination of the facts and evidence to ascertain whether the actions taken truly qualify as acts of private defence.

What is Section 100 of IPC?

Section 100 in The Indian Penal Code states:

“100. When the right of private defence of the body extends to causing death.—The right of private defence of the body extends, under the restrictions mentioned in the last preceding section, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely:—

(First) — Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault;

(Secondly) —Such an assault as may reasonably cause the apprehen­sion that grievous hurt will otherwise be the consequence of such assault;

(Thirdly) — An assault with the intention of committing rape;

(Fourthly) —An assault with the intention of gratifying unnatural lust;

(Fifthly) — An assault with the intention of kidnapping or abduct­ing;

(Sixthly) — 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.”

Simply put, The right of private defence of the body allows a person to cause death or harm to an assailant under certain restrictions. This right applies if the assault is of specific types, such as an assault that could reasonably lead to death or grievous hurt, an assault to commit rape, gratifying unnatural lust, kidnapping or abduction, or wrongfully confining a person when they cannot seek help from public authorities for their release.

Landmark Cases on Section 100 of IPC

The passage discusses two court cases related to the right of private defence. In the State of Orissa v. Ghenu case, the Supreme Court acquitted the accused person because he caused his brother’s death while exercising his own right of private defence. The court likely found that the accused acted to protect himself or others from a threat, justifying his actions.

On the other hand, in the case of Vishwanath v. State of Uttar Pradesh, the Supreme Court ruled that the right of private defence, as defined under clause 5 of IPC 100, applies against any assault made for abduction. The defender does not have to determine the specific intention of the assailant regarding the type of kidnapping or abduction, as provided under sections 364 to 369 of the Indian Penal Code (IPC). This means that the defender can invoke the right of private defence even if they are unsure of the exact nature of the assailant’s intentions as long as it involves abduction.

Is IPC 100 bailable?

Bailable Offences entitle an individual to obtain bail as a matter of right, resulting in the release of the arrested person once bail is granted. Bail can be granted by a police officer or the court, depending on who has custody of the accused. In the context of the Indian Penal Code, Section 100 serves as an extension to the right of Self Defence, which is delineated in Section 96 to Section 106 of the Indian Penal Code. However, whether private defence falls under bailable or non-bailable offences remains unclear, as the General exception does not provide a specific explanation.

What is the Punishment for IPC 100 Case?

Sections 96 to 106 of the Indian Penal Code encompass the General exceptions of Private Defence. When invoked in a court of law, these sections provide a defence for individuals who cannot be held guilty of an offence due to acting in self-defence. 

Rather than being punished, those individuals are protected by this defence, which serves as a means to safeguard people who were not violating the law but were defending themselves. Section 96, in particular, illustrates how this defence can extend to situations where the actions in self-defence result in causing death.

Is IPC 100 Cognisable Offence or Non-Cognisable Offence?

A non-cognisable offence is when a police officer does not have the authority to arrest the involved person without a scheduled warrant. On the other hand, cognisable offences are cases in which the police have the authority to arrest a person without needing a warrant.

As for IPC, Section 100 is an extension of the right of Self Defence, detailed in Section 96 to Section 106 of the IPC. Private defence, being a General exception, does not provide a specific explanation of whether it falls under the category of cognisable or non-cognisable offences.

Conclusion

Section 100 of the Indian Penal Code is a crucial provision extending the private defence right. In these encompassing situations, individuals may need to protect themselves or others from imminent harm. This section, along with Sections 96 to 106 of the IPC, establishes the framework for the general exceptions of private defence in the Indian legal system.