Commencement and Continuance of Right of Private Defence (Section 102 IPC)

Introduction

Section 102 of the Indian Penal Code explains when the right of private defence of the body begins and ends.
This right depends on the presence of a real and immediate danger.
The law focuses on reasonable fear (real possibility), not actual harm.

Meaning / Definition

The right of private defence of the body begins when a person reasonably fears danger to his body.
It continues as long as this fear exists and ends when the danger is no longer present.

The key idea is that the threat must be real and immediate, not distant or imaginary.

Modes or Types

Commencement of the Right

The right begins when:

• A person reasonably fears that harm may be caused to his body
• There is an attempt or threat to commit an offence

A person does not need to wait until the attack actually happens.
Even a clear threat can be enough if it creates a real and immediate fear.

The extent of defence depends on reasonable fear, not actual injury.

Continuance of the Right

The right continues:

• As long as the danger continues
• As long as the fear remains real and immediate

The person can defend himself until he is no longer in danger.

End of the Right

The right ends when:

• The danger has passed
• The threat is no longer present

After this point, any harm caused will not be protected under private defence.

Important Case Law

Sitaram v. Emperor

The court held that:

• A person exercising private defence can continue to defend himself as long as danger exists
• He is not required to run away (no duty to retreat)

Distinction / Comparison

Real Danger vs Remote Danger

• Real danger: Immediate and present threat → right exists
• Remote danger: Future or uncertain threat → no right

Continuance vs Excess

• Continuance: Defence during danger → protected
• Excess: Action after danger ends → not protected

Practical Example

A person is attacked with a weapon and fears injury.
He can defend himself during the attack.

If the attacker stops and leaves, the danger ends.
If the person then attacks the attacker, it will not be considered private defence.

Summary

• Right begins with reasonable fear of danger
• No need to wait for actual attack
• Threat must be real and immediate
• Right continues as long as danger exists
• No duty to run away during attack
• Right ends when danger stops
• Any act after danger ends is not protected