Syariah Penal Code · 2024 Revised Edition · Part · General Exceptions
28. Acts against which there is no right of private defence
Official textFrom Attorney General's Chambers, unchanged
There is no right of private defence against an act which does not reasonably cause the apprehension of death or of hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act may not be strictly justifiable by law.
There is no right of private defence against an act which does not reasonably cause the apprehension of death or of hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith
Syariah Penal Code under colour of his office, though that direction may not be strictly justifiable by law.
There is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities.
The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence.
Explanation 1 — A person is not deprived of the right of private defence against an act done or attempted to be done by a public servant, as such, unless he knows or has reason to believe that the person doing the act is such public servant.
Explanation 2 — A person is not deprived of the right of private defence against an act done or attempted to be done by the direction of a public servant unless he knows or has reason to believe that the person doing the act is acting by such direction or unless such person states the authority under which he acts or, if he has authority in writing, unless he produces such authority, if demanded.
Terms defined in s 2
Part
Abetment
Chapter IV
Chapter IV (General Offences) of Part 4 by the public generally, or by any number or group of persons exceeding ten, is guilty of an offence and liable
Part
Offences
Chapter I
Sariqah, Hirabah, Zina, Zina Bil-Jabar, Liwat, Qazaf Drinking Intoxicating Drinks and Irtidad
Chapter II
Qatl and Causing Hurt
Chapter III
Withdrawal of Syahadah
Chapter IV
General Offences
Part