Version as at
6 November 2021
Crimes Act 1961
Part 3 s 53
Defence against assault
48
Self-defence and defence of another
(1)
Every one is justified in using, in the defence of himself or herself or another,
such force as, in the circumstances as he or she believes them to be, it is
reasonable to use.
(2)
This section is subject to section 37 of the End of Life Choice Act 2019.
Section 48: replaced, on 1 January 1981, by section 2(1) of the Crimes Amendment Act 1980 (1980
No 63).
Section 48(2): inserted, on 6 November 2021, by section 41 of the End of Life Choice Act 2019
(2019 No 67).
49
Self-defence against provoked assault
[Repealed]
Section 49: repealed, on 1 January 1981, by section 2(1) of the Crimes Amendment Act 1980 (1980
No 63).
50
Provocation defined
[Repealed]
Section 50: repealed, on 1 January 1981, by section 2(1) of the Crimes Amendment Act 1980 (1980
No 63).
51
Defence of person under protection
[Repealed]
Section 51: repealed, on 1 January 1981, by section 2(1) of the Crimes Amendment Act 1980 (1980
No 63).
Defence of property
52
Defence of movable property against trespasser
(1)
Every one in peaceable possession of any movable thing, and every one law‐
fully assisting him or her, is justified in using reasonable force to resist the tak‐
ing of the thing by any trespasser or to retake it from any trespasser, if in either
case he or she does not strike or do bodily harm to the trespasser.
(2)
[Repealed]
Compare: 1908 No 32 s 77
Section 52(2): repealed, on 1 January 1981, by section 2(2) of the Crimes Amendment Act 1980
(1980 No 63).
53
Defence of movable property with claim of right
(1)
Every one in peaceable possession of any movable thing under a claim of right,
and every one acting under his or her authority, is protected from criminal
responsibility for defending his or her possession by the use of reasonable
force, even against a person entitled by law to possession, if he or she does not
strike or do bodily harm to the other person.
49