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Section history

Section 100 — When the right of private defence of the body extends to causing death

As in force on 1 February 2008.

Timeline 4 versions
  1. 30 March 1987 Enacted
  2. 1 February 2008 Act 51 of 2007
  3. 1 January 2020 Act 15 of 2019
  4. 17 August 2026 Latest
Amended in force 1 February 2008 by Penal Code (Amendment) Act 2007
100.When the right of private defence of the body extends to causing death

The right of private defence of the body extends, under the restrictions mentioned in section 99, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right is of any of the following descriptions:

(a)such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault;

(b)such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault;

(c)an assault with the intention of committing rape;

(d) an assault with the intention of gratifying unnatural lust;committing non-consensual penile penetration of the anus;

(e)an assault with the intention of kidnapping or abducting;

(f)an assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release.