What is Section 97 IPC? Right of private defence of the body and of property
Published on: Lawiz Team
Detailed explanation of Section 97 IPC: Right of private defence of the body and of property.
What This IPC Section Means – Explained in Simple Words
Section 97 of the Indian Penal Code provides the right of private defense of the body and of property against certain offences.
Purpose
To ensure that individuals can protect themselves and their property from unlawful attacks.
Bailable or Not Bailable & Punishment
Bailable: Not Applicable, Punishment: No punishment for any act done in exercise of the right of private defence of one's own body or property, or another's body or property.
Scope and Application
Applies to the defense of one’s own body, the body of another, or property against offences.
Important Legal Points
The right is subject to restrictions specified in Sections 99 and 100.
Illustrative Example
A person can use force to prevent a thief from stealing their belongings.
Exceptions and Special Cases
This right does not extend to acts that exceed reasonable defense.
Conclusion
Section 97 provides a clear legal foundation for self-defense and protection of property.
FAQs
What does Section 97 IPC define?
Right of private defence of the body and of property.
When is Section 97 IPC applicable?
When cases involve right of private defence of the body and of property under criminal law.
Does Section 97 IPC involve good faith?
Yes, good faith plays a major role in interpreting right of private defence of the body and of property situations.
Are there exceptions mentioned under Section 97 IPC?
It must be interpreted along with related IPC exceptions and general defenses.
How do courts interpret Section 97 IPC?
Courts use judicial precedents and facts of the case to interpret right of private defence of the body and of property.
Give an example where Section 97 IPC applies?
Real-world examples involve cases where right of private defence of the body and of property was a defense or argument.
Is Section 97 IPC connected to any related sections?
Yes, it links closely to Sections like 76–106 on General Exceptions.