Act 9 Penal Code Act 2008 44. Limitation of Right of Private Defence Against Act of Public Servant. There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done or attempted to be done by a public servant acting in good faith under the colour of his or her office, or at the directives of a public servant acting in good faith, though those directives may not be strictly justifiable by law. Explanations— (a) A person is not deprived of the right of private defence against an act done or attempted to be done by a public servant, as such, unless he or she knows or has reason to believe that the person doing the act, or attempting to do it, is such public servant. (b) A person is not deprived of the right of private defence against an act done or attempted to be done by the direction of a public servant, unless he or she knows or has reason to believe that the person doing the act is acting by such direction or, if he or she has authority in writing, unless he or she produces such authority if demanded. 45. When Right of Private Defence of the Body Extends to Causing Death. The right of private defence of the body extends, under the limitations mentioned in sections 43 and 44 of this Act, to the voluntary causing of death only when the act to be repulsed is any of the following— (a) an attack which causes reasonable apprehension of death or grievous hurt; (b) rape or an assault with the intention of gratifying unnatural lust; or (c) abduction or kidnapping. 41

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