Extent to which the right of private defence may be exercised

June 6, 2023

The clause outlines the parameters of how far the right of private defence may be used. As a result, the right to private defence is limited to refraining from causing more damage than is required for defence. Numerous decisions have seen the courts rule that the use of force must be proportionate to the situation and that there is no protection if the inappropriate force that is wholly unneeded to the situation results in injury. The goal of the right is not to permit a justification for a vengeful, hostile, or retaliatory action.

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