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 Private defence
1) Introduction
● Pakistan Penal Code gives a right to every person to defend his body or property from
unlawful offence by using limited force. Such kind of usage of force to protect himself
or protection of his property will be called private defence. Law does not want a person
should live cowardly life so the right of private defence has been vested in the person in
the Pakistan Penal Code and nothing is an offence which is done in the exercise of the
right of private defence

2) Definition of private Defence

● The use of force for the protection of his life, family, and property from the offender is
a private right and the defender will not be responsible for any act which is conducted
by him for his defence

3) Force to be used
● Every citizen has been given the right of private defence but law allows only
reasonable force to be used to protect himself from an offender. If the offender uses
extreme force which was not necessary for his protection or may cause the death of
the assailant in this case defender will be liable to criminal proceedings

4) Classification of private defence of body which can cause of

death of assailant
Private defence of the body which can cause the death of the assailant has been classified
into below categories. Details are as under

1. Fear of Death
● The right of private defence of the body can become the cause of the death of
the assailant when the defender feels that the assailant's attack can become the
cause of his death

2. Fear of Grievous Hurt

● The right of private defence of the body can become the cause of the death of
the assailant when the defender feels that the assailant's attack can become the
cause of a grievous hurt

3. Intention of Rape
● The right of private defence of the body can become the cause of the death of
the assailant when the defender feels that the assailant intends to commit rape

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 4. Intention of Kidnapping
● The right of private defence of the body can become the cause of the death of
the assailant when the defender feels that the assailant’s intention is to
kidnapping

5. The intention of wrongfully confining

● The right of private defence of the body can become the cause of the death of the
assailant when the defender feels that the assailant’s intention is wrongfully confining a
person under such circumstances which will make him unable to reach public authorities
for his release

5) Classification of private defence of property which can

cause of death of an assailant
Private defence of the body which can cause the death of the assailant has been classified
into below categories. Details are as under

1. Commission of robbery
● The right of private defence of property can become the cause of the death of the
assailant when the defender feels that the assailant intends to commit robbery

2. Commission of house breaking by night

● The right of private defence of property can become the cause of the death of the
assailant when the defender feels that the assailant intends to commit house-
breaking by night

3. Mischief by fire
● Right of private defence of property can become the cause of the death of the
assailant when the defender feels that the assailant intends to mischief by fire to the
building tent or other property which can become the cause of innocent casualties

4. Theft
● Right of private defence of property can become the cause of the death of the assailant
when the defender feels that the assailant intends to commit theft, which can become
the cause of grievous hurt to the defender

6) Acts against which no private defence

Following are the details of those acts against which there is no private defence is available in
the criminal law system
● When such an act will not become the cause of death or grievous hurt by a Public
Servant who is acting in good faith.

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 ● When such an act will not cause death or grievous hurt by a person who is acting on
behalf of a public servant.When the defender has time to reach out to public
authorities to release himself from the wrong
7) Commencement and Continuance of the right of private
defence of property and body
● The right of private defence of property and body commences when a dangerous
situation gets started and such a dangerous situation comes to an end with the arrest
of the offender.
● Commencement and continuance of private defence of property and body
against different offences are discussed below.

1. Theft
● The right of private defence of property against the thief continues till the thief
remains at the location and if the thief has left the place along with the stolen
property and is completely out of reach of the owner, in this case, such right of
private defence will be discontinued

2. Trespass
● The right of private defence of property continues only as long as the trespasser
remains on that property and if the trespasser has left the property, in this case, such
right of private defence will be discontinued

3. Robbery
● The right of private defence of property against robbery continues as long as the
offender can cause death or other grievous hurt or till the fear of the same remains
continues

4. Apprehension of death
● The right of private defence of the body continues till the fear of apprehension of
death is not abolished

5. Intention to rape
● The right of private defence of the body continues till the fear of rape by offender does
not abolish

6. Intention to kidnapping
● The right of private defence of body continues till the fear of kidnapping by offender
is abolish

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 8) Conclusion
● To Conclude, it can be stated that it is necessary to exercise the right of private defence
that the use of force should have become necessary against assailants and use of force
should be reasonable. When a person uses such necessary and reasonable force
through private defence, he will not be answerable in law for his deeds.

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Private Defence of Property and Person:

Introduction: The Pakistan Penal Code grants individuals the right to defend their
body or property from unlawful offenses by using limited force. This right is known
as private defence. The law recognizes the importance of individuals protecting
themselves and their property, and actions taken in the exercise of this right are not
considered offenses.

Definition of Private Defence: The use of force to protect one's life, family, or
property from an offender is a private right, and the defender is not held responsible
for their actions conducted in self-defence.

Force to be Used: While every citizen has the right to private defence, the law
permits only reasonable force to be used in protecting oneself from an offender. If
the defender uses excessive force that is not necessary for self-protection or may
cause the death of the assailant, they may be liable to criminal proceedings.

Private Defence of Body: Private defence of the body, which can cause the death of
the assailant, is classified into several categories:

Fear of Death: ☠️🚫

● The right of private defence of the body can cause the death of the assailant
when the defender reasonably believes that the assailant's attack could lead
to their own death.
Fear of Grievous Hurt: 😨🚫
● The right of private defence of the body can cause the death of the assailant
when the defender reasonably believes that the assailant's attack could cause
grievous hurt.
Intention of Rape: 👥🚫
● The right of private defence of the body can cause the death of the assailant
when the defender reasonably believes that the assailant intends to commit
rape.
Intention of Kidnapping:
● The right of private defence of the body can cause the death of the assailant
when the defender reasonably believes that the assailant intends to commit
kidnapping.
Intention of Wrongfully Confinement: 🔒🚫
● The right of private defence of the body can cause the death of the assailant
when the defender reasonably believes that the assailant intends to
wrongfully confine a person, preventing them from reaching public authorities
for release.

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Private Defence of Property: Private defence of property, which can cause the death
of the assailant, is classified into several categories:

Commission of Robbery: 💰🚫
● The right of private defence of property can cause the death of the assailant
when the defender reasonably believes that the assailant intends to commit
robbery.
Commission of House Breaking by Night: 🌃🚫
● The right of private defence of property can cause the death of the assailant
when the defender reasonably believes that the assailant intends to commit
house breaking during nighttime.
Mischief by Fire: 🔥🚫
● The right of private defence of property can cause the death of the assailant
when the defender reasonably believes that the assailant intends to cause
damage to buildings, tents, or other property through mischief by fire, which
could cause harm to innocent people.
Theft: 👀🚫
● The right of private defence of property can cause the death of the assailant
when the defender reasonably believes that the assailant intends to commit
theft, which could cause grievous hurt to the defender.

Acts Against Which No Private Defence is Available: There are certain acts against
which private defence is not available under the criminal law system:

● Acts that do not cause death or grievous hurt by a public servant acting in
good faith.
● Acts that do not cause death or grievous hurt by a person acting on behalf of a
public servant.
● When the defender has the opportunity to reach public authorities to secure
their release from a wrongful situation.

Commencement and Continuance of the Right of Private Defence of Property and

Body: The right of private defence commences when a dangerous situation begins
and continues until the offender is arrested or the dangerous situation ends. The
duration of private defence varies based on the offense committed:

● Theft: The right of private defence of property against a thief continues as

long as the thief remains on the property. If the thief has left the premises
with the stolen property and is out of reach, the right of private defence is
discontinued.
● Trespass: The right of private defence of property continues only as long as
the trespasser remains on the property. If the trespasser has left, the right of
private defence is discontinued.

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 ● Robbery: The right of private defence of property against robbery continues as
long as there is a reasonable fear of death or grievous hurt.
● Apprehension of Death: The right of private defence of the body continues
until the fear of apprehension of death is eliminated.
● Intention to Rape: The right of private defence of the body continues until the
fear of rape by the offender ceases.
● Intention to Kidnap: The right of private defence of the body continues until
the fear of kidnapping by the offender is eliminated.

Conclusion: In conclusion, individuals have the right to exercise private defence to

protect themselves and their property. The use of force should be necessary and
reasonable. When a person uses such necessary and reasonable force in private
defence, they will not be held legally responsible for their actions.

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