Penal Code 1871 - Singapore Statutes Online

Acts against which there is no right of private defence

106A.—(1) There is no right of private defence against an act which does not cause the defender to reasonably believe that death or grievous hurt would result, if done, or attempted to be done, by a public servant acting in good faith under the actual or apparent authority of his office, though that act may not be strictly justifiable by law.

[15/2019]

(2) There is no right of private defence against an act which does not cause the defender to reasonably believe that death or grievous hurt would result, if done, or attempted to be done, by the direction of a public servant acting in good faith under the actual or apparent authority of the public servant’s office, though that direction may not be strictly justifiable by law.

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 (A) 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 A knows, or has reason to believe, that the person doing the act (B) is acting by such direction; or unless B states the authority under which B acts, or, if B has authority in writing, unless B produces such authority, if demanded.

[15/2019]

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