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IPC Section 96 to 106 of the penal code states the law relating to the right of private defence of person and property.
The provisions contained in these sections give authority to a man to use necessary force against an assailant or wrong-doer for the purpose of protecting one’s own body and property as also another’s body and property when immediate aid from the state machinery is not readily available and in so doing he is not answerable in law for his deeds. Section 97 says that the right of private defence is of 2 types:
(i) Right of private defence of body,
(ii) Right of private defence of property.
Body may be one’s own body or the body of another person and likewise property may be movable or immovable and may be of oneself or of any other person. Self-help is the first rule of criminal law. The right of private defence is absolutely necessary for the protection of one’s life, liberty and property. It is a right inherent in a man. But the kind and amount of force is minutely regulated by law. The use of force to protect one’s property and person is called the right of private defence.
82 of the IPC Act of a child under seven years of age.—nothing is an offence which is done by a child under seven years of age.
83 of the IPC Act of a child above seven and under twelve of immature understanding.—nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.
What is meant by doctrine of restitution?
Law doctrine gains based recovery
Law doctrine which bars recovery
Law doctrine which allows mercy petitions
Law doctrine based on death penalty
The law of restitution is the law of gains-based recovery. It is to be contrasted with the law of compensation, which is the law of loss-based recovery. When a court orders restitution it orders the defendant to give up his/her gains to the claimant. If a minor has unjustly enriched himself equity demands that such property or goods be restored by minor.
By: Parvesh Mehta ProfileResourcesReport error
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