The Common Law in India - College of Social Sciences and ...

Criminal Law 153by the ancient rule of strict liability and the killercould only be saved by the king's mercy. 94 Nowadays,of course, homicide in reasonable self-defencedoes not involve the killer in any legal liability.In India, however, the Penal Code in termsdeclares that every person has, subject to certainrestrictions mentioned in the statute, a right to privatedefence of the body against offences affecting thehuman body and against certain offences relating toproperty. 95 The right of private defence in no caseextends to inflicting more harm than is necessary forthe purpose of defence. Nor is there a right of privatedefence in cases in which there is time to have recourseto the protection of the public authorities. Theright of private defence cannot be availed of againstacts done by a public servant or under the directionof a public servant acting in good faith under colourof his office, even though the act may not be strictlyjustifiable in law, if the act does not reasonably causeapprehension of death or grievous injury. 96The justification given by the authors of the Codefor enacting the right of self-defence in somewhatliberal terms is interesting. " It may be thought thatwe have allowed too great a latitude to the exerciseof this right; and we are ourselves of opinion thatif we had been framing laws for a bold and highspiritedpeople, accustomed to take the law into theirown hand, and to go beyond the line of moderationin repelling injury, it would have been fit to provide«* Kenny, op. cit., pp. 112-113.»* Indian Penal Code, s. 97."« Ibid., s. 99.H.L.—12 11