The right of private defense, governed under Chapter IV of the Pakistan Penal Code, 1860, is a fundamental principle recognized across various legal systems which allows individuals to................

 1. The right of private defense, governed under Chapter IV of the Pakistan Penal Code, 1860, is a fundamental principle recognized across various legal systems which allows individuals to use reasonable force to defend themselves, their family, or their property against unlawful aggression when state intervention is not immediately available. According to Section 96 nothing is an offense which is done in the exercise of the right of private defense. Likewise, Section 97 elaborates on the right to private defense of the body and of property according to which a person is justified in using reasonable force to protect himself or another from an unlawful attack in cases of imminent threats, secondly, a person may defend his property against theft or destruction. Another provision is Section 100, PPC which specifically addresses the right to cause death or grievous hurt in certain situations of assaults when there is apprehension of death, grievous hurt, rape, gratification of unnatural lust, kidnapping or abduction or wrongful confinement in a situation when the victim is unable to have recourse to the public authorities for his release. It permits a person to inflict harm in self-defence when there is a threat of death, serious injury, or an assault that could result in such outcomes while Section 101 states that if a person uses force in self-defense and the force is not intended to cause death or grievous harm, he will not be held liable for causing death. The right so granted under Sections 97 and 100 is, however, subject to certain restrictions mentioned in Section 99, PPC. The last relevant provision is Section 102 PPC which clarifies that the right of private defense is available if the attack is ongoing or imminent.

2. It is dominant view of superior Courts that defence plea raised by the accused can be appropriately considered at bail stage. The explicit plea of private defence taken by accused at the very initial stage is sufficient to bring his case within the ambit of further inquiry into his guilt under Sub-section (2) of Section 497, Cr.P.C.

3. Whether the accused had exceeded his/her right of private defence, is a question requiring further probe and can be decided by the trial Court after recording of evidence.

4. The special concessions available to accused under the age of sixteen years or woman or sick or infirm persons, under the first proviso to Section 497(1), Cr.P.C. should be extended to them at bail stage keeping in view the facts and circumstances of each case

Cr.MBA No. 568-M of 2024
Mst. Shahira Bibi Vs The State and another
08-10-2024