Section 100 of IPC, 1860 enumerated the seven situations under which the right to private defence can extend to causing the death of the assailment. The restrictions provided in section 99 of IPC are applicable to section 100 to voluntary causing death or any other harm to the assailment. The seven occasions given in section 100 are as follow:
- Assault causes the reasonable apprehension in the mind of the person that if he doesn’t cause the death of assailment in private defence than his death will be the consequence of such assault.
- Assault causes the reasonable apprehension in the mind of the person that if he doesn’t cause the death of assailment in private defence than grievous hurt will be the consequence of such assault.
- If the assault caused with the intention of committing the rape of the victim. Then she can extend her right of private defence for causing death of such person.
- If the assault caused with the intention of satisfying unnatural lust. Then she/he can extend his/her right of private defence for causing death of such person.
- If the assault caused with the intention of kidanapping or abducting. Then she/he can extend his/her right of private defence for causing death of such person.
- If the assault caused for wrongfully confining a person and such person has reasonable apprehension that he will not be able to release and take help from public authorities.
- The last occasion is added by criminal law amendment act, 2013 which states that an act of throwing acid or attempt for the same may cause apprehension in the mind of person that the consequence of such act is grievous hurt.
Thus for invoking section 100 of IPC it’s necessary to satisfy these conditions:
- Person who is exercising the private defence must be free from fault on his part.
- There must be danger to life, body, rape, etc.
- There is no way to escape and save oneself.
- There must be a necessity of taking the life.
The right of private defence of causing death will soon commence from the apprehension to death aroused and continue till such apprehension will not extinct.