A good article to explain about self defence and necessary
force for self defence. I believe Penal Code must be part of our Primary School
education curriculum. It's important to teach every citizen about basic
criminal law in this country. That will make our country much safer and
cleaner.
*source: http://www.thestar.com.my
Right of Private Defence*
Nothing done in private
defence is an offence
96.
Nothing is an offence which is done in the exercise of
the
right of private defence.
Right of private defence of
the body and of property
97.
Every person has a right, subject to the restrictions
contained
in section 99, to defend—
(a) his own body, and the body of any other person,
against
any offence affecting the human body;
(b) 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.
Right of
private defence against the act of a person of unsound
mind
98.
When an act, which would otherwise be a certain offence,
is not that offence, by reason of the youth, the want of
maturity
of understanding, the unsoundness of mind, or the
intoxication of
the person doing that act, or by reason of any
misconception on
the part of that person, every person has the same right
of private
defence against that act which he would have if the act
were that
offence.
(a) Z, under
the influence of madness, attempts to kill A. Z is guilty of no offence. But
A has the
same right of private defence which he would have if Z were sane.
(b) A enters,
by night, a house which he is legally entitled to enter.
Z, in good
faith, taking A, for a housebreaker, attacks A. Here Z, by
attacking A,
under this misconception, commits no offence. But A has the
same right
of private defence against Z, which he would have if Z were
not acting
under that misconception.
Acts against which there is no
right of private defence
99.
(1) There is no right of private defence against an act
which
does 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.
(2) There is no right of private defence against an act
which
does 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.
(3) There is no right of private defence in cases in
which there
is time to have recourse to the protection of the public
authorities.
(4) 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 demanded.
When the right of private
defence of the body extends to causing
death
100.
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 is of
any of the
following descriptions:
(a) such an assault as may reasonably cause the
apprehension
that death will otherwise be the consequence of such
assault;
(b) such an assault as may reasonably cause the
apprehension
that grievous hurt will otherwise be the consequence of
such assault;
(c) an assault with the intention of committing rape;
(d) an assault with the intention of gratifying unnatural
lust;
(e) an assault with the intention of kidnapping or
abducting;
(f) 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.
When such right extends to
causing any harm other than death
101.
If the offence is not of any of the descriptions
enumerated
in section 100, the right of private defence of the body
does not
extend to the voluntary causing of death to the
assailant, but does
extend, under the restrictions mentioned in section 99,
to the voluntary
causing to the assailant of any harm other than death.
Commencement and continuance
of the right of private defence
of the body
102.
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.
When the right of private
defence of property extends to causing
death
103.
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 wrongdoer, if the
offence, the
committing of which, or the attempting to commit which,
occasions
the exercise of the right, is an offence of any of the
following
descriptions:
(a) robbery;
(b) housebreaking by night;
(c) 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;
(d) 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.
When such right extends to
causing any harm other than death
104.
If the offence, the committing of which, or the
attempting
to commit which, occasions the exercise of the right of
private
defence, is theft, mischief or criminal trespass, not of
any of the
descriptions enumerated in section 103, that right does
not extend
to the voluntary causing of death, but does extend
subject to the
restrictions mentioned in section 99, to the voluntary
causing to
the wrongdoer of any harm other than death.
Commencement and continuance
of the right of private defence
of property
105.
(1) The right of private defence of property commences
when
a reasonable apprehension of danger to the property
commences.
(2) The right of private defence of property against
theft continues
till the offender has effected his retreat with the
property, or till
assistance of the public authorities is obtained, or till
the property
has been recovered.
(3) 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 restrain, or as
long as the
fear of instant death, or of instant hurt, or of instant
personal
restraint continues.
(4) 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.
(5) The right of private defence of property against
housebreaking
by night continues as long as house-trespass which has
been begun
by such housebreaking continues.
Right of private defence
against a deadly assault when there
is risk of harm to an innocent
person
106.
If, in the exercise of the right of private defence
against an
assault which reasonably causes the apprehension of
death, the
defender is 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 cannot effectually
exercise his
right of private defence without 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.
*citing from Panel Code of Malaysia
