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What is IPC Section 99: Acts against which there is no right of private defense.

IPC Section 99 states that there are certain acts against which individuals do not have the right of private defense. Private defense refers to the legal right of an individual to protect themselves, their property, or the property of others, using reasonable force, against an unlawful act or threat. However, this right is not absolute, and there are specific circumstances where it does not apply.

According to Section 99, a person cannot exercise the right of private defense against an act done by a public servant acting in good faith, under the color of his/her office and within the scope of their authority. This means that if a public servant is carrying out their duties lawfully and in good faith, any act done against them will not be considered a valid exercise of private defense.

An illustration of this could be if a police officer is lawfully arresting a person who has committed a crime, and that person attempts to physically resist or attack the officer. In such a situation, the person cannot claim the right of private defense because the officer is acting in the course of their duties.

Cognizance of an offense under Section 99 can be taken by any court of competent jurisdiction. The offense is considered non-bailable, which means that the accused cannot be released on bail as a matter of right and may have to seek bail at the discretion of the court. The trial for such offenses would generally take place in the sessions court or a higher level court, depending on the seriousness of the case.

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It’s important to note that specific punishments for offenses under Section 99 would depend on the particular offense committed and the relevant provisions of the law under which the act falls. The punishment would vary accordingly.

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