All about IPC Section 100

Section 100 of the Indian Penal Code

What is it ?

Section 100 of the Indian Penal Code comes under Chapter IV, which is titled "General Exceptions”. This section deals with the right of private defence of the person. This means that a person has the legal right to defend themselves against any attack or threat to their body.

The key points are:

1. A person can use force to protect themselves, but the amount of force used must be reasonable and proportionate to the threat they are facing. They cannot use excessive or disproportionate force.

2. The right to self-defence arises when the person has a reasonable fear or apprehension that their body is under threat of harm or injury.

3. This right of private defence continues as long as the threat or danger exists. Once the threat has passed, the right to use force also ends.

4. The person defending themselves should use only the minimum amount of force necessary to repel the attack or threat. They cannot retaliate with more force than what is required to stop the danger.

In simple terms, Section 100 gives people the legal right to protect themselves from physical harm, but they must use only the necessary and reasonable force to do so. They cannot respond with excessive or disproportionate force, even if they are under attack.

Conditions laid for the section:

1. An assault that can reasonably cause the fear that death will be the result.

2. An assault that can reasonably cause the fear that serious injury will be the result.

3. An assault with the intention of committing rape.

4. An assault with the intention of satisfying unnatural sexual desires.

5. An assault with the intention of kidnapping or abducting someone.

6. An assault with the intention of wrongfully confining a person, in a way that can reasonably make them fear they won't be able to seek help from the authorities for their release.

7. An assault by throwing or administering acid in a way that can cause fear of serious injury.

Points to be kept in mind before exercising the right .

1. The person must not have provoked the confrontation themselves.

2. The person must have no reasonable way to escape the situation.

3. There must be a real and immediate threat of death or serious harm.

4. Causing the death of the assailant must be necessary.

The courts will examine factors like the injuries sustained, the level of danger, and the circumstances to determine if a case falls under Section 100. The key is that the person must be suddenly confronted with danger through no fault of their own.

Conclusion.

The right to private defence that allows causing the death of another person is one of the most serious and important legal rights. This is because the fundamental right to life is involved.

Exercising this right is a very significant action that must be carefully examined. There are many strict conditions that a person must satisfy in order to justify using this level of force in self-defence.

The person must convincingly show to the court that they had no other choice in that particular situation. They must prove that the threat was immediate, the danger was real, and causing the death of the assailant was the only way to protect their own life.

The courts will closely scrutinise all the circumstances to determine if the person's actions were truly necessary and justified under Section 100 of the Indian Penal Code. Given the gravity of taking a life, even in self-defence, the person must be able to fully substantiate that they had no other option available to them at that time.

Reference :https://legodesk.com/legopedia/ipc-section-100/