Section 37 limits the scope of the right of private defence by identifying specific situations in which that right cannot be exercised. It ensures that this right is not misused and that people do not take the law into their own hands when lawful alternatives are available.
Key Provisions:
(1) No Right of Private Defence Exists:
(a) Against acts done by a public servant in good faith, even if the act is not strictly legal,
if it does not reasonably cause fear of death or grievous hurt.
(b) Against acts done under the direction of a public servant, in good faith,
if the act does not cause reasonable fear of death or grievous hurt.
(c) When there is sufficient time to approach public authorities for protection.
This means you cannot resort to private defence when you can seek help from the police or court.
(2) Limit on Harm Caused While Defending:
- The right of private defence does not allow inflicting more harm than necessary.
- The defensive action must be proportionate to the threat.
Explanations:
Explanation 1:
You do not lose your right of private defence just because a public servant is involved,
unless you know or have reason to believe the person is a public servant.
Explanation 2:
You do not lose your right of defence against someone claiming to act under a public servant’s direction,
unless:
- You know or are told about the authority, or
- The person states or shows written authority if demanded.
How It Protects:
- Prevents misuse of private defence against public officials acting lawfully or in good faith.
- Encourages people to use legal channels when available.
- Maintains a balance between personal safety and public order.
Example:
- If a police officer enters your premises under official duty without harming you, you cannot attack them, even if you feel the entry wasn’t justified.
- If someone is acting under official orders and does not cause danger to life, you cannot claim private defence.
