IPC Section 99 — Acts against which there is no right of private defence

Summary

There is no legal right to use private defence against an action that does not create a reasonable fear of death or serious injury, if that action is done or attempted by a public servant who is acting honestly and within the apparent authority of their job, even if the action is not fully justified by law.

Official Text

There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act may not be strictly justifiable by law.

Referred to by

• IPC §97 — Right of private defence of the body and of property
• IPC §101 — When such right extends to causing any harm other than death
• IPC §103 — When the right of private defence of property extends to causing death
• IPC §104 — When such right to causing any harm other than death

Related Judgments

• KASHI RAM & OTHERS vs STATE OF RAJASTHAN — Supreme Court of India (2008)
• EX. CT. MAHADEV vs THE DIRECTOR GENERAL, BOARDER SECURITY FORCE & ORS — Supreme Court of India (2022)
• BISHNA@ BHISWADEB MAHATO AND ORS. vs STATE OF WEST BENGAL — Supreme Court of India (2005)
• CHERUBIN GREGORY vs THE STATE OF BIHAR — Supreme Court of India (1963)
• DARSHAN SINGH vs STATE OF PUNJAB & ANR — Supreme Court of India (2010)

Old <-> New Code Mapping

• BNS §37 — Acts against which there is no right of private defence