Right of private defence limited when threat lacks apprehension of death or grievous hurt and public protection is available. The right of private defence is excluded where an act does not reasonably cause apprehension of death or grievous hurt and is done or attempted by a public servant acting in good faith under colour of office, or by one acting by such public servant's direction; it is also excluded when there is time to seek protection from public authorities. The right never extends to inflicting more harm than necessary, and it is preserved unless the defender knows or has reason to believe the actor is a public servant or acting by such direction, or the actor states or produces authority when demanded.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Right of private defence limited when threat lacks apprehension of death or grievous hurt and public protection is available.
The right of private defence is excluded where an act does not reasonably cause apprehension of death or grievous hurt and is done or attempted by a public servant acting in good faith under colour of office, or by one acting by such public servant's direction; it is also excluded when there is time to seek protection from public authorities. The right never extends to inflicting more harm than necessary, and it is preserved unless the defender knows or has reason to believe the actor is a public servant or acting by such direction, or the actor states or produces authority when demanded.
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