No private defence where aid from public authorities can be taken

May 31, 2023

The third sectional paragraph of 99 and section 105 introductory clause are interpreted together. It significantly limits how one can take advantage of their right to defend. Since the right to private defence is only given for self-private defense, it cannot and must not be used when it would be more appropriate to seek out the protection from public authority. When the aid of the public authorities can be obtained, the right of private defence cannot be legally utilised. The right of private defence does not replace the duties of those public servants who are specifically tasked with ensuring the safety of life and property.

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