12.07.2015 Views

No 2 Penal Code - IDP SriLanka

No 2 Penal Code - IDP SriLanka

No 2 Penal Code - IDP SriLanka

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

http://www.lawnet.lk/process.php?st=2001Y1V19C&hword=''&path=5When the right ofprivate defenceof the bodyextends tocausing death.When such rightextends.Commencementand continuanceof the right ofprivate defenceof the body.When the right ofprivate propertyextends locausing death.A person is not deprived of the right of private defence against anact done, or attempted to be done, by the direction of a publicservant, unless he knows, or has reason to believe, that theperson doing the act is acting by such direction ; or unless suchperson states the authority under which he acts, or. if he hasauthority in writing, unless he produces such authority, ifdemanded.93. The right of private offence of the body extends, under the restrictions mentioned in thelast preceding section, to the voluntary causing of death or of any other harm to theassailant, if the offence which occasions the exercise of the right be of any of thedescriptions hereinafter enumerated, namely-Firstly- Such an assault as may reasonably cause the apprehension that death willotherwise be the consequence of such assault;Secondly- Such an assault as may reasonably cause the apprehension that grievous hurtwill otherwise be the consequence of such assault;Thirdly- An assault with the intention of committingrape;Fourthly- An assault with the intention of gratifying unnaturallust;Fifthly- An assault with the intention of kidnapping orabducting;Sixthly- An assault with the intention of wrongfully confining a person, under circumstanceswhich may reasonably cause him to apprehend that he will be unable to have recourse tothe public authorities for his release.94. If the offence be not of any of the descriptions enumerated in the last precedingsection, the right of private than death. defence of the body does not extend to thevoluntary causing of death to the assailant, but does extend, under the restrictionsmentioned in section 92, to the voluntary causing to the assailant of any harm other thandeath.95. The right of private defence of the body commences as soon as a reasonableapprehension of danger to the body arises from an attempt or threat to commit the offence,though the offence may not have been committed . and it continues as long as suchapprehension of danger to the body continues.96. The right of private defence of property extends, under the restrictions mentioned insection 92, to the voluntary causing of death or of any other harm to the wrong-doer, if theoffence, the committing of which, or the attempting to commit which, occasions the exerciseof the right, be an offence of any of the descriptions hereinafter enumerated, namely-Firstly-Robbery;Secondly- House-breaking bynight;http://www.lawnet.lk/process.php?st=2001Y1V19C&hword=''&path=5 (20 of 124)9/30/2008 2:10:37 PM

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!