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In force2024 Revised Edition
Contents

Part · General Exceptions

28. Acts against which there is no right of private defence

(1)

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.

(2)

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.

(3)

There is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities.

(4)

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.

Report

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

General

Schedules