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WHEN DOES A RIGHT OF PRIVATE DEFENCE OF THE BODY AND OF PROPERTY EXIST

The right of private defence arises to those who in face of imminent peril act in good faith and in no case can this right be conceded to a person who manages a situation wherein the right can be used as an shield to justify an act of aggression. If a person goes with gun to kill another, the intended victim is entitled to act in self-defence and if he so acts, there is no right in the former to kill him in order to prevent him from acting in self-defence, there is no private defence against private defence. Every person has a right, subject to certain restrictions, to defend:

1. His own body and the body of any other person against any offence affecting the human body,

2. the property, whether movable or immovable, of himself or of any other person, against any act, which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit any such offences.

PUNISHMENT

The courts have the discretion for deciding the punishment after considering that the act of aggression was justified or not.