Laws pertaining to self defense

  • IPC Section 96:

    Of the right of private defense, things done in private defense: Nothing is an offence which is done in the exercise of the right of private defense.

  • IPC Section 97:

    Right of private defense of the body and of property.

    Every person has a right, subject to the restrictions contained in section 99, to defend- First - His own body, and the body of any other person, against any offence affecting the human body; Secondly - The property, whether moveable or immoveable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.

  • IPC Section 102:

    commencment and continuance of the right of private defense of the body.

    The right of private defense of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence, though the offence may not have been committed, and it continues as long as such apprehension of danger to the body continuous.

  • IPC Section 105:

    commencment and continuance of the right of private defense of property.

     

    The right of private defense of property commences when a reasonable apprehension of danger to the property commences. The right of private defense of property against theft continuous till the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the property has been recovered. The right of private defense of property against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or of instant personal restraint continuous. The right of private defense of property against criminal trespass or mischief continues as long as the offender continues in the commission or criminal trespass or mischief. The right of private defense of property against house- breaking by night continues as long as the house- trespass which has been begun by such house breaking continues.

  • IPC Section 106:

    Right of private defense against deadly assault when there is risk of harm to innocent person.

    If, in the exercise of the right of private defense against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectively exercise that right without risk of harm to an innocent person, his right to private defense extends to the running of that risk.

Legal considerations

  • COBRA Pepper Spray is an ARM
    • Under the "ARMS" act, anything made or designed for the specific purpose of Defense or Offence fall under the category of "ARMS"
    • Even a wooden pole made for the reason of attacking or defending is an "ARM", however if the same is used for¬†agriculture purpose it is not labeled as an "ARM".
  • Under the 'ARMS" act, license is required only for "Fire Arms" (containing gun powder & explosive ingredients)/ lethal weapons, hence no license is required for "COBRA" Pepper Spray
  • Usage of COBRA Pepper Spray for self defense and crime prevention is legal