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.
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