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Restrictions upon the Use Of Self Defence:
1. Introduction:
There are certain restrictions mentioned under Section 99 of the Pakistan Penal Code imposed upon the use of force in self defence.
2. Restrictions Under Section 99:
Restriction imposed upon the use of force in delf defence are as follows:
(i) Act Done by Public Servant:
There is no right of private defence against an act which does not reasonably cause the apprehensiion of death or of grievous hurt, if done, or attempted to be done by a public servant acting in good faith under colour of his office, though that act may not be strictly justifiable by the law.
(a) Application of This Clause:
This clause applies to those cases in which the public servant is acting in following capacity.
(b) Meaning of Good Faith:
According to Sectiion 52 of the Pakistan Penal Code, nothing is said to be done or believed in good faith which is done or believed without due care and attention. The phase due dare and attentiion implies genuine effort to reach the truth and not the ready acceptance of an ill-natured belief.
(ii) Act on the Direction of a Public Servant:
Thee is no right of private defence against an act which does not reasonably cause the apprehension of death, if done or attempted to be done on the drection of a public servant acting in good faith under colour of his office though that direction may not be strictly justifiable by the law.
(iii) Time to Recourse the Protection:
There is no right of private defence in cases in which there is time to have recourse to the protectiion of the public authorities.
(iv) Extent to Inflict Harm:
It is also a restriction imposed upon the use of force in self defence that the right of private defence in no case extends to the inflicting of more harm than if is necessary to infllict for the purpose of defence.
1. Introduction:
There are certain restrictions mentioned under Section 99 of the Pakistan Penal Code imposed upon the use of force in self defence.
2. Restrictions Under Section 99:
Restriction imposed upon the use of force in delf defence are as follows:
(i) Act Done by Public Servant:
There is no right of private defence against an act which does not reasonably cause the apprehensiion of death or of grievous hurt, if done, or attempted to be done by a public servant acting in good faith under colour of his office, though that act may not be strictly justifiable by the law.
(a) Application of This Clause:
This clause applies to those cases in which the public servant is acting in following capacity.
(b) Meaning of Good Faith:
According to Sectiion 52 of the Pakistan Penal Code, nothing is said to be done or believed in good faith which is done or believed without due care and attention. The phase due dare and attentiion implies genuine effort to reach the truth and not the ready acceptance of an ill-natured belief.
(ii) Act on the Direction of a Public Servant:
Thee is no right of private defence against an act which does not reasonably cause the apprehension of death, if done or attempted to be done on the drection of a public servant acting in good faith under colour of his office though that direction may not be strictly justifiable by the law.
(iii) Time to Recourse the Protection:
There is no right of private defence in cases in which there is time to have recourse to the protectiion of the public authorities.
(iv) Extent to Inflict Harm:
It is also a restriction imposed upon the use of force in self defence that the right of private defence in no case extends to the inflicting of more harm than if is necessary to infllict for the purpose of defence.