IPC Section 100

  IPC Section 100

IPC Section 100 is the extension for the right of private defense causing death. In the case of private defense, it explains to which extent the law exempts the guilty to take the life of someone. The right of defense given in Section 100 of IPC is a subject of Section 99 of IPC. Section 100 doesn't extend the right of private defense in the case of restrictions given in the preceding section.

This means under Section 100 in some cases assaulted persons can cause harm or death to the attacker.

 

Extended cases of IPC Section 100

 

• Case 1 - the reason for death

Case 1 extends for any action by the attacker which causes death or can cause the death of a person. It permits the victim to take action which can cause harm or death to the attacker.

 

• Case 2 - serious harm or injury

Case 2 extends to any attack which can lead to serious harm to the victim or causes any serious harm. The assaulted person can hurt the attacker in this situation for their safety. It can also lead to the death of the attacker.

 

• Case 3 - intention to rape

Case 3 extends the law for the assault who are prone to get raped by the attacker. If the attacker intends to rape then the victim can harm the attacker. They can be the cause of the death of the attacker in this situation.

 

• Case 4 - gratifying unnatural lust

The offense mentioned in Section 377 of unnatural lust signifies this. If an attacker tries to please his unnatural lust with the victim, they have the right to hurt or kill them. The victim can inflict any harm on the attacker in this case.

 

• Case 5 - Kidnapping or abducting

If an attacker tries to assault by kidnaping or abducting they can suffer the consequence. The victim has the right to kill or hurt them.

• Case 6 - Confinement 

An assault with the attacker confining the person in the wrong way. The attacker restricts the person in the wrong and they are not able to reach the public authorities. In this condition, the victim has the right to hurt or kill the attacker. 

 

• Case 7 - Act of throwing Acid

If an attacker tries to throw acid on the person it will severely hurt the victim severely. In this case, the victim has the right to prevent themselves by killing or harming the attacker.

 

Purpose of IPC Section 100

Indian penal code has approved this law because they want us to stand for ourselves and for others. This act gives us permission to kill or harm any person who tries to hurt our privacy. It does not restrict to any one gender. It is the same for all. This law is for the provision of self-defense by providing us the right to private defense. The Constitution of India and the Indian Penal Code understand that a person needs to be brave. Though we have police constables and laws to punish, they might fail to be available sometimes. In those times we can be our own heroes and protect ourselves. The law permits us the right to take actions for ourselves and for others. This scares the attacker from taking harmful actions.

This law also states that people should stand for themselves first and then for others. When in a difficult situation one should first protect their lives and then others. It is important to be kind and helpful but not at the cost of your life. You can contribute to society in the long run only when you yourself are fit and fine.

What do you mean by the private defense?

Private defense means to protect one’s life, liberty, and property by taking action. It means to hurt the person who is trying to harm you for protecting yourself. IPC allows you to kill or harm the attacker if your life is at risk and threatened by the action of the attacker. The acts permitted by IPC under Section 100 might not permit killing or harming in any other situation. The law can consider those actions illegal if practicing otherwise. using self-protective force only permits in the case of an endangered life situation. 

Essential conditions according to law

A situation should meet the following conditions for invoking the IPC section 100:

 

• It is necessary that there must be a serious threat to the life of a person. Not only life, if a person feels that an attacker can injure their body they can take actions to kill.

• There must be no possible way to escape from the situation. If you find yourself stuck in the situation and there is no way to run you can kill the person. If there is a possible way and you are not using it then the law does not invoke.

• If you don't have enough time to convey the problem of threat to your life to authorities you can take action. It is not applicable if you have time and you are still not trying to contact the authorities. You can not try to take action on your own in this situation.

• The death of the person should be the necessary reason for saving your precious life.

Can exercise against the person of unsound mind?

The law is the same for an unsound person attacking or trying to attack your body or property. It remains the same for everyone, a child, a person with special abilities, or an insane person. If you feel anytime that they are trying to hurt you or be the reason for your death, you can harm or kill them. Irrespective of gender, caste, religion this law implies every human being. No matter at which post or designation you are, if you try to harm or kill the body of a person, they can harm and kill you too.

If the attacker is attacking because of any misconception, an aggrieved person has the right to private defense. No one has an exemption from this law.

Summary

Indian Panel Code (IPC) enacted on 6 October 1860. Under IPC Section 100 in some cases, the assaulted person can cause harm or death to the attacker.

Case 1 extends for any action by the attacker which causes death or can cause the death of a person.  Case 2 extends to any attack which can lead to serious harm to the victim or causes any serious harm.  Case 3 extends the law for the assault who are prone to get raped by the attacker. Case 4  is when an attacker tries to please his unnatural lust with the victim. Case 5 is if an attacker tries to assault by kidnapping or abducting they can suffer the consequence.  The attacker restricts the person in the wrong and they are not able to reach the public authorities is the case 6. In case 7 it is invoked if an attacker tries to throw acid on the person it will victimize.

Irrespective of gender, caste, religion this law implies every human being. No matter at which post or designation you are, if you try to harm or kill the body of a person, they can harm and kill you too.