Section 38 specifies the exceptional situations in which the right of private defence allows a person to voluntarily cause death of the attacker. This applies only in extreme circumstances, where the attack poses a grave and immediate threat to life or bodily integrity.
Key Provision:
Under the limitations of Section 37, the right of private defence extends to causing death if the offence being defended against is any of the following:
(a) An assault that may reasonably cause fear of death.
(b) An assault that may reasonably cause fear of grievous hurt.
(c) An assault with intent to commit rape.
(d) An assault intending to gratify unnatural lust.
(e) An assault intending to kidnap or abduct.
(f) An assault intending to wrongfully confine a person in such a way that they reasonably fear they cannot access public authorities for help.
(g) An act of throwing or attempting to throw acid, where the victim reasonably fears grievous hurt.
How It Protects:
- Empowers victims to take immediate action in life-threatening or extremely harmful attacks.
- Legally acknowledges that self-defence may require use of lethal force in certain critical scenarios.
- Acts as a deterrent against violent and serious crimes, such as rape or acid attacks.
Example:
- A person is attacked with a knife, and they use lethal force to save themselves — this is protected.
- Someone tries to abduct another person at knifepoint — the intended victim may use deadly force in defence.
- An attacker throws acid, and the victim responds with deadly force — this too is protected under this section.
