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Can I hit someone who is trying to enter our house without consent
15-Jul-2023 (In Criminal Law)
My dad has a property where our opponent party is taking forceful entry since last few days.we already gotten an injunction upon dat property 2 maintain status quo (no one can make entry into that property excluding our own family members)but 2 days back our opponent party taken a forceful entry into dat property.i called 2 police as well as file a gd bt police told me that they can't help me in dis case untill they r getting d court order whr polices r directed to maintain status quo.though i applied 2 court fr police in action help bt till d tym can i apply martial art 2 stop my opponent?
Adv. Sharequl Haque
Kolkata | 25+ Answers
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it is relevant to state you Section 97 of IPC . your answer is in this section.
Right of private defence 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 movable or immovable, 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 for criminal trespass.
Right of private defence 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 movable or immovable, 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 for criminal trespass.
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Adv. Bhrigu Datta
Kolkata | 25+ Answers
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