Right of Private Defence – Basics
- An aggressor is not entitled to the right of self-defence.
- s.96: Nothing is an offence done in the exercise of the right of private defence.
- s.97: Every person has the right of private defence of his own body and the body of any other person against offences affecting the human body, and of property (movable and immovable).
- s.98: The right of private defence is available even against acts of a person of unsound mind or one lacking maturity of understanding.
- s.99: Sets out the acts against which there is no right of private defence — the right is not unrestricted; it is subject to the restrictions in s.99.
- Basis: The right rests on the natural instinct of self-preservation.
- When available: Only where there is no time to have recourse to the protection of public authorities.
- Scope: Extends to harm to body, movable property, and immovable property.
- A child under 10 years — nothing done by such a child is an offence (recurs here in the context of liability generally).