IPC Section 100
What is the Indian Penal Code?
Indian Penal Code abbreviated as IPC is an official criminal code of India. It was initiated in 1860 under British Rule. It is divided into 23 Chapters consisting of 511 sections in total. It defines crimes and punishments for criminals. It also depicts the rights and responsibilities of a civil citizen. It has the explanation of words like robbery, assaults, and murder. The IPC contains five types of punishments:
Death
Imprisonment for life
Imprisonment for a certain time
Forfeiture of property
Fines
Right of private defense:
IPC has defined certain clauses for the Right of Private defense for situations wherein no state aid can be provided to the victim at times of danger. There are Eleven Sections that depict the Right of Private defense. They are Sections 96-106. All of them have certain clauses which need to be followed.
What is a private defense:
Private defense states that you can protect yourselves from reasonable apprehensions. This can be done with some clauses like:
Section 96:
There is no offense when you revert through the right of private defense. This means that if someone is trying to murder you, you have the right to defend yourself. Here, you can murder the person and provide reasonable evidence of it.
Section 97:
You can always protect your body and property.
Section 98:
Right of private defense against the unsound person. This involves:
Immature child
A person who is not voluntarily intoxicated
Insane person
This section includes crimes like robbery, mischief, trespassing, or its attempt.
Section 99:
This section provides restrictions on private defense. You cannot benefit from the right of private defense if:
You have time to include the public authorities.
The force or harm used is not reasonably necessary.
There is no reasonable apprehension of grievous hurt.
Public servant or act directed by him which means that you cannot harm a public servant until and unless you are unaware of his/her identity.
Section 100:
This act says that the right of private defense can be extended to the death of an accused.
Section 101:
This act includes all the rights except the death of an accused as said in Section 100 following the restrictions formed in Section 99.
Section 102:
This act includes the starting and continuation of the private defense of the body. It means that you cannot benefit from the right of private defense if you are intent on revenge. For example, a person tried to harm you today and after a year or so you are interested in harming him/her which is not acceptable.
Section 103:
It contains the right of private defense for offenses like robbery, theft, mischief by fire, and house trespass.
Section 104:
It includes any other harm that can be caused except death for the offenses given in Section 103. This act also fulfills the restrictions under Section 99.
Section 105:
It includes the starting and continuation of the right of private defense of property.
Section 106:
This act includes the right of private defense of a person when an innocent person is at risk of any harm.
All these Sections provide an insight into the Right of private defense. This article will help us understand the Right of Private defense that extends to death as described by Section 100.
What are the assaults of Section 100 IPC:
The assaults related to this act are:
--> Assault that has reasonably apprehended that death will only be a possible consequence
--> Assault may have grievous hurt
--> An assault to conduct rape
--> An assault with an unnatural lust
--> An assault of kidnapping or abducting
--> An assault of wrong confinements for a person only if there is no circumstance to recourse public authority
--> An act of throwing acid that causes grievous hurt
Explanation with Illustrations:
First clause:
According to this provision, you have the right to private defense if you have a legitimate fear that you may be killed. This means that if a person is trying to kill you then you can kill him/her under this act. This right should be used guided by Section 99 restrictions.
Second Clause:
This clause is made for the right of private defense in cases of grievous hurt. This is described in Section 320 IPC that what kind of hurt is called grievous:
Emasculation
Permanent Damage to either of the eyes.
Permanent damage to either of the ears.
Damage to joints.
Destruction of power of any member or joint.
Disfigurement of face or head
Fracture or dislocation of bones or tooth.
Any hurt that causes damage such that the person is badly injured and in severe pain for about 20 days.
Third and fourth Clause:
These clauses are made in case of assault with the intent of conducting rape and unnatural lust. It is a preventive right that is to be utilized with the utmost care and caution. This right is only available when the character of a person is not in doubt. There must be no allegations when you defend yourself using this right. For example, in Bhadar Ram v. State of Rajasthan when an appellant's sister-in-law was molested by Nand Ram on a night. At that time the appellant came prepared with Gandasa and attacked Nand Ram with the assault of conducting Rape. Here this clause was available for her.
There are many examples when a lady avails this right and misuses it. Like when she is addicted to a person and if she wants to leave him she could have wrongly assaulted a person. Then, this act can not benefit her.
Fifth clause:
The assault of kidnapping is an offense and this right of protecting our body is available in such a case. This right can be available to the victim if he/she can prove the threat and reasonability. In the case when there is only action and no intent of abduction this right is not available. For example, a wife being taken back by the husband is not an assault or abduction. Here, the intent is not a threat. The right of Abduction is described in Section 362 of IPC.
Sixth clause:
This clause states that Section 100 right is available to a person when he/she is wrongly confined. Wrong confinements are the refrains that are made to stop a person from proceeding in the right direction. This includes things like:
→ Tying a person with a rope.
→ Locking a person in a room, etc.
However, this right only avails when you have reasonable apprehension. It should have the circumstances that the accused is not able to reach the public authorities.
Seventh clause:
This clause under Section 100 says that the act of throwing acid is a reasonable apprehension that causes grievous hurt. This is an assault that avails right or private defense to the extent of causing death. There was no provision for acid attacks until 2013. Acid attack cases increased to 202 reported and 71 attempted cases in 2022. These cases are registered under Section 326 of IPC. Grievous is used for acid attacks. However, an acid attack is a physical, mental, economic, and also a social hurt for the victim.
Case:
Laxmi, a 26-year-old girl was a victim of an acid attack. She is from Delhi. Two men poured acid on her while she was waiting for a bus near Tughlak Road in 2005. She refused to marry one of the attackers. With the intent of revenge, the two committed this assault. After this, she had to undergo seven surgeries and four more to resemble what she was. She belonged to a poor family but had to pay approximately 2.5 lakhs for these treatments.
She did not give up and took 27,000 signatures for a petition to advocate against acid violence in the Supreme Court. This led to the formation of a new law in the Indian criminal codes such as IPC, Indian Evidence Act, and Cr. P.C. for dealing with such offenses. She also pleaded to stop the formation of acids which can reduce the acid attacks on women. Here, Laxmi could avail the right of private defense.
Is Section 100 IPC Bailable?
Bail can be obtained by the accused based on who has his/her custody. However, whether the private defense is bailable or not is yet unsolved.
Summary:
Concluding, the IPC Section 100 is a foundation for the right of private defense to extend death. This act can be used to protect ourselves from reasonable apprehensions. This act has helped many victims to be safe. They can protect themselves as well as their loved ones. The evidence, the restrictions, and the clauses have been made such that the victim can be saved.
In all, the IPC Sections are a way to punish the offenses that lead to crimes. IPC takes care of Indian citizens by providing all their rights. Yet, it is a fundamental responsibility of a citizen to understand these rights; when and how to avail them, and not to misuse them.
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