Section 245: Homicide and wounds and blows under lawful authority
This section is inserted by Act No 11 of 2025, section 3.
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
245. Homicide and wounds and blows under lawful authority
There is neither crime, nor misdemeanour, where homicide
is, or wounds or blows are, committed as a result of the use, to such
extent and in such circumstances as are permitted by law, of such
force as is reasonably justifiable –
(a) for the defence of any person from violence or for the
defence of property;
(b) in order to effect a lawful arrest or to prevent the escape
of a person lawfully detained;
(c) for the purpose of suppressing a riot, insurrection or
mutiny; or
(d) in order to prevent the commission by that person of a
criminal offence or if he dies as the result of a lawful
act of war.
Passed by the National Assembly on the thirteenth day of May
two thousand and twenty five.
Navin Gopall
Acting Clerk of the National Assembly
_______________
By Authority: Government PrintinG DePArtment, LA tour KoeniG 40/05/2025 – 830
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Questions this section answers
- When can I lawfully use force against someone without it being a crime, such as defending myself or my property?
- Can force be lawfully used to arrest someone or stop them escaping custody?
- Can the police lawfully use force to break up a riot or mutiny?