Trace Your Case

ISSUE:

Whether the appellant had exceeded the right of private defense of a person?

RULE:

The extended right under s. 100 arose when there was the offence of assault of one of the types mentioned in the six clauses of that section. It was not necessary that the intention with which the assault was committed must always be an offence itself. The word "abduction" used in the fifth clause of s. 100 meant nothing more than what was defined as "abduction " in s.362, and it was not necessary, to get the protection of this clause, that the abduction must be of a type punishable under the Penal Code.

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