EXTENT OF RIGHT OF PRIVATE DEFENCE

A man is justified in repelling force by force in defence of his person, habitation or property against who manifestly intends and endeavors by violence or surprise to commit a felony upon either. He is not obliged to retreat, but may pursue his adversary till he finds himself out of danger and if a conflict between them happens to kill him, such killing is justifiable.
The extent of right varies in reverse ratio to the capacity of the State to protect life and property of the subject. The important limit on the right of private defence is that the right of private defence can under no circumstances justify anything with strictly is no defence but end offence, and, the right cannot be claimed when you have yourself courted the attack.
According to section 97, every person has a right to defend his own body and the body of any other person against any offence affecting the human body. Also, every person has a right to defend the property, movable or immovable, of himself or of any other person against offences like theft, robbery, mischief or criminal trespass or of an attempt thereof.
Section 98 states that the right of private defence can be exercised against the act of a person of unsound mind etc. When an act, by the reason of the youth, the want of maturity of understanding or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, which would otherwise be a certain offence, every person has the same right of private defence against that act which he would have if the act were that offence.
According to section 99, 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. Also, when there is time to have recourse to the protection of the public authorities, no right of private defence shall be available. When an act causes reasonable apprehension of death or grievous hurt, this right can be exercised.
Section 100 states that the right of private defence of body extends to causing death if offence is such an assault as may reasonably cause the apprehension that death will be caused, or previous hurt will be caused, an assault with the intention of committing rape, gratifying unnatural lust, kidnapping or abducting, wrongfully confining a person where the person will be unable to have recourse to the public authorities or an act of throwing or administering acid.
According to section 103, death can be caused under right of private defence if the offence is of robbery, house breaking by night, mischief by fire, theft, mischief on house trespass where there is reasonable apprehension of death or grievous hurt. 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.

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