Section 40 clearly outlines when the right of private defence begins and when it ends in cases involving threats or attempts to harm the human body. It establishes that the right arises not only when harm occurs, but as soon as a reasonable threat arises, and continues until that threat no longer exists.
Key Provision:
- The right of private defence of the body begins:
- As soon as there is a reasonable apprehension of danger from an attempt or threat to commit
an offence, - Even if the offence has not yet been committed.
- As soon as there is a reasonable apprehension of danger from an attempt or threat to commit
- The right continues:
- As long as the threat or apprehension of danger persists.
What This Means:
- You do not have to wait to be attacked to defend yourself.
- The moment you reasonably believe someone is about to cause you harm, you have the legal right to protect yourself.
- Once the threat ends, your right to use force also ends.
Example:
- If someone raises a weapon to attack you, even if they haven’t struck yet, you can defend yourself immediately.
- But if the attacker drops the weapon and runs away, your right to continue attacking or harming them ends.
How It Protects:
- Enables pre-emptive defence in face of imminent danger.
- Prevents abuse by limiting the right to the duration of actual threat.
- Provides clarity for courts to assess the legitimacy of defensive actions.
