'A’, on being awakened in the middle of the night, found ‘B’ in his courtyard. ‘B’ had entered into the courtyard of the house by scaling that wall that surrounded the concerned house on all sides. The gate of the courtyard of the house was locked. There was a room attached with…

Question: ‘A’, on being awakened in the middle of the night, found ‘B’ in his courtyard. ‘B’ had entered into the courtyard of the house by scaling that wall that surrounded the concerned house on all sides. The gate of the courtyard of the house was locked. There was a room attached with such a courtyard. When ‘B’ reached in a room attached with courtyard, then ‘A’ struck three times on the head of ‘B’ with a club. Consequently ‘B’ died. Has ‘A’ committed any offence? Give reasons and also refer to relevant provisions and case law, if any, on the point. [RJS. Exam, 1984]

Find the answer to the mains question only on Legal Bites. [‘A’, on being awakened in the middle of the night, found ‘B’ in his courtyard. ‘B’ had entered into the courtyard of the house by scaling that wall that surrounded the concerned house on all sides. The gate of the courtyard of the house…]

Answer

Section 97, Indian Penal Code talks about the Right of private defence of the body and of Property: – Every person has a right, subject to the restrictions contained in Section 99, to defend-

Firstly- His own body, and the body of any other person, against any offence affecting the human body;

Secondly- The property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief for criminal trespass.

This Section limits the exercise of the right of private defence to the extent of absolute necessity. It must not be more than what is necessary for defending aggression. There must be reasonable apprehension of danger that comes from the aggressor. It restricts the right of private defence if there is time to seek the help of public authorities. And the right must be exercised in proportion to harm to be inflicted.

Hence, A has committed the offence of murder because he exceeds in exercising his right of private defence against B.

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