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    Right of Self Defence - Pakistan Penal Code

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    Sayyami
    The document outlines Pakistan's Penal Code regarding the right of private defense for security guards. It discusses: 1) Security guards have the right to defend themselves and others against offenses affecting the human body or property crimes like theft, according to sections 96-97 of the Penal Code. 2) However, there is no right of private defense against acts done in good faith by public servants or at their direction, unless the servant's identity and authority are known, per section 99. 3) The right of private defense allows causing harm to an assailant only as necessary for defense and to a degree proportionate to the threat or harm apprehended.

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    Right of Self Defence - Pakistan Penal Code

    Uploaded by

    Sayyami
    102 views2 pages
    The document outlines Pakistan's Penal Code regarding the right of private defense for security guards. It discusses: 1) Security guards have the right to defend themselves and others against offenses affecting the human body or property crimes like theft, according to sections 96-97 of the Penal Code. 2) However, there is no right of private defense against acts done in good faith by public servants or at their direction, unless the servant's identity and authority are known, per section 99. 3) The right of private defense allows causing harm to an assailant only as necessary for defense and to a degree proportionate to the threat or harm apprehended.

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    Right of Self Defence in Pakistan

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    Right of Self Defence- Pakistan Penal Code

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    The document outlines Pakistan's Penal Code regarding the right of private defense for security guards. It discusses: 1) Security guards have the right to defend themselves and others against offenses affecting the human body or property crimes like theft, according to sections 96-97 of the Penal Code. 2) However, there is no right of private defense against acts done in good faith by public servants or at their direction, unless the servant's identity and authority are known, per section 99. 3) The right of private defense allows causing harm to an assailant only as necessary for defense and to a degree proportionate to the threat or harm apprehended.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    102 views2 pages

    Right of Self Defence - Pakistan Penal Code

    Uploaded by

    Sayyami
    The document outlines Pakistan's Penal Code regarding the right of private defense for security guards. It discusses: 1) Security guards have the right to defend themselves and others against offenses affecting the human body or property crimes like theft, according to sections 96-97 of the Penal Code. 2) However, there is no right of private defense against acts done in good faith by public servants or at their direction, unless the servant's identity and authority are known, per section 99. 3) The right of private defense allows causing harm to an assailant only as necessary for defense and to a degree proportionate to the threat or harm apprehended.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Rules of Engagement: Security Guards

    Pakistan Penal Code (PPC)


    Of the right of Private Defence
    Section 96. Things done in private defence: Nothing is an offence which is done in the
    exercise of the right of private defence.
    Section 97. Right of private defence of the body and of property: Every person has a right,
    subject to the restrictions contained in Section 99, to defend; First: His own body, and the body of
    any other person, against any offence affecting the human body; Secondly: The property, whether
    movable or immovable, of himself or of any other person, against any act which is an offence falling
    under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to
    commit theft, robbery, mischief or criminal trespass.
    Section 99. Act against which there is no right of private defence: There is no right of
    private defence against an act which dose not reasonably cause the apprehension 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 law. There is no right of private defence
    against an act which dose not reasonably cause the apprehension of death or of grievous hurt, if
    done, or attempted to be done, by the direction of a public servant acting in good faith under colour
    of his office though that direction may not be strictly justifiable by law. There is no right of private
    defence in cases in which there is time to have recourse to the protection of the public authorities.
    Extent to which the right may be exercised: The right of private defence in no case extends
    to the inflicting of more harm than it is necessary to inflict for the purpose of defence.
    Explanation 1: A person is not deprived of the right of private defence against an act done,
    or attempted to be done, by a public servant, as such, unless he knows, or has reason to believe,
    that the person doing the act is such public servant.
    Explanation 2: A person is not deprived of the right of private defence against an act done,
    or attempted to be done, by the direction of a public servant, unless he knows, or has reason to
    believe, that the person doing the act is acting by such direction, or unless such person states the
    authority under which he acts, or if he has authority in writing, unless he produces such authority, if
    deemed.
    Section 100. When the right of private defence of the body extends to causing death: The
    right of private defence of the body extends, under the restrictions mentioned in the last preceding
    section, to the voluntary causing of death or of any other harm to the assailant, if the offence which
    occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely:--
    First: Such an assault as may reasonably cause the apprehension that death will otherwise be the
    consequence of such assault;
    Secondly: Such an assault as may reasonably cause the apprehension that grievous hurt will
    otherwise be the consequence of such assault;
    Thirdly: An assault with the intention of committing rape;
    Fourthly: An assault with the intention of gratifying unnatural lust.
    Fifthly: An assault with the intention of kidnapping or abduction.
    Sixthly: An assault with the intention of wrongfully confining a person, under circumstances which
    may reasonably cause him to apprehend that he will be unable to have recourse to the public
    authorities for his release.
    Section 101. When such right extends to causing any harm other than death: If the offence be not
    of any of the descriptions enumerated in the last preceding section, the right of private defence of
    the body dose not extend to the voluntary causing of death to the assailant, but dose extend, under
    the restrictions mentioned in Section 99 to the voluntary causing to the assailant of any harm other
    than death.
    Section 102. Commencement and continuance of the right of private defence of the body: The
    right of private defence of the body commences as soon as a reasonable apprehension of danger to
    the body arises from an attempt or threat to commit the offence though the offence may not have
    been committed; and it continues as long as such apprehension of danger to the body continues.
    Rules of Engagement: Security Guards

    Section 103. When the right of private defence of property extends to causing death: The right of
    private defence of property extends, under the restrictions mentioned in Section 99, to the
    voluntary Causing of death or of any other harm to the wrong-doer, if the offence, the committing of
    which, or the attempting to commit which, occasions the exercise of the right, be an offence of any
    of the descriptions hereinafter enumerated, namely:- First: Robbery; Secondly: House-breaking by
    night; Thirdly: Mischief by fire committed on any building, tent or vessel, which building, tent or
    vessel is used as a human dwelling or as a place for the custody of property; Fourthly: Theft, mischief
    or house-trespass, under such circumstances as may reasonably cause apprehension that death or
    grievous hurt will be the consequence, if such right of private defence is not exercised.
    Section 104. When such right extends to causing any harm other than death: If the offence, the
    committing of which, or the attempting to commit which, occasions the exercise of the right of
    private defence, be theft, mischief or criminal trespass, not of any of the descriptions enumerated in
    the last preceding section that right dose not extend, to the voluntary causing of death, but dose
    extend, subject to the restrictions mentioned in Section 99, to the voluntary causing to the wrong-
    doer of any harm other than death.
    Section 105. Commencement and continuance of the right of private defence of property: The
    right of private defence of property commences when a reasonable apprehension of danger to the
    property commences. The right of private defence of property against theft continues tilt the
    offender has effected his retreat with the property or either the assistance of the public authorities
    is obtained, or the property has been recovered. The right of private defence of property against
    robbery Continues as long as the offender causes or attempts to cause to any person death or hurt
    or wrongful restraint or as long as the fear of instant death or of instant-hurt or of instant personal
    restraint continues. The right of private defence of property against criminal trespass or mischief
    continues as long as the offender continues in the commission of criminal trespass or mischief. The
    right of private defence of property against house breaking by night continues as long as the house-
    trespass which has been begun by such house-breaking continues.
    Section 106. Right of private defence against deadly assault when there is risk of harm to innocent
    person: If in the exercise of the right of private defence against an assault which reasonably causes
    the apprehension of death, the defender be so situated that he cannot effectually exercise that right
    without risk of harm to an innocent person, his right of private defence extends to the running of
    that risk. Illustration A is attacked by a mob who attempt to murder him. He can not effectually
    exercise his right of private defence with out firing on the mob, and he cannot fire without risk of
    harming young children who are mingled with the mob. A commits no offence if by so firing he
    harms any of the children.

    https://www.dawn.com/news/1328648

    https://tribune.com.pk/story/203775/private-security-guards-on-the-safe-side

    https://www.interior.gov.pk/index.php/downloads/category/3-public-notices?
    download=123:policy-on-establishment-functioning-of-private-security-companies-2018-updated-
    04-06-18&start=40&__cf_chl_tk=jfja4Lbm63.CeZtgWLFgm3fliqXp13E0NqW6tYBI_sE-1691473805-0-
    gaNycGzND2U

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