Section 42 defines the scope of the right of private defence in relation to less severe offences against property. It restricts the use of deadly force, but still allows the use of reasonable force to cause harm other than death, to defend property from acts like theft, mischief, or criminal trespass, if those acts do not fall under the grave situations listed in Section 41.
Key Provision:
- If someone commits or attempts to commit:
Theft, Mischief, Criminal trespass and these offences are not of the aggravated nature described in Section 41, then the person whose property is under threat cannot cause the offender’s death, but can cause any other harm, as long as it complies with the limits set in Section 37.
In Simple Terms:
- For ordinary theft or trespass, you can use force, but not lethal force.
- You must still follow the rules of proportion, necessity, and urgency as outlined in Section 37.
Example:
- If someone tries to steal your bicycle during the day, you cannot kill them, but you can stop them, push them away, or restrain them to prevent the theft.
- If someone enters your yard, without threatening violence, you may use reasonable physical force but not lethal action.
How It Protects:
- Balances citizen’s right to defend property with protection of life.
- Prevents excessive or deadly retaliation in non-violent property-related incidents.
- Encourages proportional, lawful responses in defence situations.