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Penal Code<br />

(3) The right of private defence of property against robbery<br />

continues as long as the offender causes or attempts to cause to<br />

any person death, or hurt, or wrongful restrain, or as long as the<br />

fear of instant death, or of instant hurt, or of instant personal<br />

restraint continues.<br />

(4) The right of private defence of property against criminal<br />

trespass or mischief, continues as long as the offender continues<br />

in the commission of criminal trespass or mischief.<br />

(5) The right of private defence of property against housebreaking<br />

by night continues as long as house-trespass which has been begun<br />

by such housebreaking continues.<br />

Right of private defence against a deadly assault when there<br />

is risk of harm to an innocent person<br />

106. If, in the exercise of the right of private defence against an<br />

assault which reasonably causes the apprehension of death, the<br />

defender is so situated that he cannot effectually exercise that right<br />

without risk of harm to an innocent person, his right of private<br />

defence extends to the running of that risk.<br />

ILLUSTRATION<br />

53<br />

A is attacked by a mob who attempt to murder him. He cannot effectually<br />

exercise his right of private defence without firing on the mob, and he<br />

cannot fire without risk of harming young children who are mingled with<br />

the mob. A commits no offence if by so firing he harms any of the<br />

children.<br />

Abetment of a thing<br />

CHAPTER V<br />

ABETMENT<br />

107. A person abets the doing of a thing who—<br />

(a) instigates any person to do that thing;<br />

(b) engages with one or more other person or persons in any<br />

conspiracy for the doing of that thing, if an act or illegal<br />

omission takes place in pursuance of that conspiracy, and<br />

in order to the doing of that thing; or

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