{"id":13004,"date":"2025-12-17T05:38:54","date_gmt":"2025-12-17T05:38:54","guid":{"rendered":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/?p=13004"},"modified":"2025-12-17T05:48:58","modified_gmt":"2025-12-17T05:48:58","slug":"the-shield-of-necessity-an-analysis-of-the-right-to-private-defence-under-the-penal-code-1860","status":"publish","type":"post","link":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/the-shield-of-necessity-an-analysis-of-the-right-to-private-defence-under-the-penal-code-1860\/","title":{"rendered":"The Shield of Necessity: An Analysis of the Right to Private Defence under the Penal Code, 1860"},"content":{"rendered":"\n

<\/span>Abstract<\/span><\/h2>\n\n\n\n

The Right to Private Defence (RPD), codified in Chapter IV (Sections 96 to 106) of the Penal Code, 1860 (Act XLV of 1860), stands as a fundamental recognition in Bangladesh law of the inherent human right to self-preservation. This legal exception to criminal liability permits an individual to use force, including lethal force, to avert an immediate, unlawful threat to their person or property, or that of a third party. This paper offers a comprehensive analysis of the RPD, meticulously detailing its dual scope (body and property), its critical statutory restrictions (Section 99), and the specific conditions that permit an extension of the right to causing death (Sections 100 and 103). Furthermore, it provides an in-depth exploration of landmark judicial precedents set by the Supreme Court of Bangladesh, establishing the principles of imminence, proportionality, and the subsidiary nature of the right, affirming its status as a shield against immediate peril, rather than a justification for pre-meditated revenge or aggression.<\/p>

\n
\n

Table of Contents<\/p>\nToggle<\/span><\/path><\/svg><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n