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Section 102 — When right of private defence of body extends to causing death

As in force on 3 January 2023.

Timeline 5 versions
  1. 30 March 1987 Enacted
  2. 30 November 2008 Revised edition
  3. 1 January 2020 Act 15 of 2019
  4. 1 March 2022 Act 23 of 2021
  5. 3 January 2023 You are here
  6. 17 August 2026 Latest
102.When right of private defence of body extends to causing death

The right of private defence of the body extends, under the restrictions mentioned in sections 98 and 106A, to the voluntary causing of death to the assailant, if the offence which gives rise to the exercise of the right is of any of the following descriptions:

(a)an assault where the defender reasonably believes that death will otherwise be the consequence of such assault;

(b)an assault where the defender reasonably believes that grievous hurt will otherwise be the consequence of such assault;

(c)an assault that the defender reasonably believes to be done with the intention of committing rape as described in section 375 or causing such rape to be committed;

(d)an assault that the defender reasonably believes to be done with the intention of causing penile penetration of the vagina, anus or mouth as described in section 376(2);

(e)an assault that the defender reasonably believes to be done with the intention of kidnapping or abducting;

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