tain offences. arrest for cer- offender may be arrested without warrant is justified, if the person to be arrested takes to flight to avoid arrest, in using such force as may be necessary to prevent his escape by flight, unless such escape can be prevented by reasonable means in a less violent manner: Provided, that such force is neither intended nor likely to cause death or grievous bodily harm. Preventing escape from cases. 35. Every one proceeding lawfully to arrest any person arrest in other for any cause other than such offence as in the last section mentioned is justified, if the person to be arrested takes to flight to avoid arrest, in using such force as may be necessary to prevent his escape by flight, unless such escape can be prevented by reasonable means in a less violent manner: Provided such force is neither intended nor likely to cause death or grievous bodily harm. Preventing escape or rescue after tain offences. 36. Every one who has lawfully arrested any person for any offence for which the offender may be arrested without arrest for cer- warrant is protected from criminal responsibility in using such force in order to prevent the rescue or escape of the person arrested as he believes, on reasonable grounds, to be necessary for that purpose. Preventing escape or 37. Every one who has lawfully arrested any person for any cause other than an offence for which the offender may arrest in other be arrested without warrant is protected from criminal rescue after cases. Preventing breach of the peace. Prevention by peace officers of breach of the peace. responsibility in using such force in order to prevent his escape or rescue as he believes, on reasonable grounds, to be necessary for that purpose: Provided that such force is neither intended nor likely to cause death or grievous bodily harm. 38. Every one who witnesses a breach of the peace is justified in interfering to prevent its continuance or renewal and may detain any person committing or about to join in or renew such breach of the peace, in order to give him into the custody of a peace officer: provided that the person interfering uses no more force than is reasonably necessary for preventing the continuance or renewal of such breach of the peace, or than is reasonably proportioned to the danger to be apprehended from the continuance or renewal of such breach of the peace. 39. Every peace officer who witnesses a breach of the peace, and every person lawfully assisting him, is justified in arresting any one whom he finds committing such breach of the peace, or whom he, on reasonable and probable grounds, believes to be about to join in or renew such breach of the peace. 2. Every peace officer is justified in receiving into custody any person given into his charge as having been a party to a a breach of the peace by one who has, or whom such peace officer, upon reasonable and probable grounds, believes to have, witnessed such breach of the peace. of riot by 40. Every sheriff, deputy sheriff, mayor or other head Suppression officer or acting head officer of any county, city, town or magistrates. district, and every magistrate and justice of the peace, is justified in using, and ordering to be used, and every peace officer is justified in using, such force as he, in good faith, and on reasonable and probable grounds, believes to be necessary to suppress a riot, and as is not disproportioned to the danger which he, on reasonable and probable grounds, believes to be apprehended from the continuance of the riot. of riot by orders. 41. Every one, whether subject to military law or not, Suppression acting in good faith in obedience to orders given by any persons acting sheriff, deputy sheriff, mayor or other head officer or acting under lawful head officer of any county, city, town or district, or by any magistrate or justice of the peace, for the suppression of a riot, is justified in obeying the orders so given unless such orders are manifestly unlawful, and is protected from criminal responsibility in using such force as he, on reasonable and probable grounds, believes to be necessary for carrying into effect such orders. 2. It shall be a question of law whether any particular order is manifestly unlawful or not. riot by per 42. Every one, whether subject to military law or not, Suppression of who in good faith and on reasonable and probable grounds sons without believes that serious mischief will arise from a riot before orders. there is time to procure the intervention of any of the authorities aforesaid, is justified in using such force as he, in good faith and on reasonable and probable grounds, believes to be necessary for the suppression of such riot, and as is not disproportioned to the danger which he, on reasonable grounds, believes to be apprehended from the continuance of the riot. of persons 43. Every one who is bound by military law to obey the Protection lawful command of his superior officer is justified in obeying subject to any command given him by his superior officer for the sup- military law. pression of a riot, unless such order is manifestly unlawful. 2. It shall be a question of law whether any particular order is manifestly unlawful or not. certain offences. 44. Every one is justified in using such force as may be Prevention of reasonably necessary in order to prevent the commission of certain any offence for which, if committed, the offender might be arrested without warrant, and the commission of which would be likely to cause immediate and serious injury to the person or property of any one; or in order to prevent any Self-defence voked assault. any act being done which he, on reasonable grounds, believes would, if committed, amount to any of such offences. 45. Every one unlawfully assaulted, not having proagainst unprovoked such assault, is justified in repelling force by force, if the force he uses is not meant to cause death or grievous bodily harm, and is no more than is necessary for the purpose of self-defence; and every one so assaulted is justified, though he causes death or grievous bodily harm, if he causes it under reasonable apprehension of death or grievous bodily harm from the violence with which the assault was originally made or with which the assailant pursues his purpose, and if he believes, on reasonable grounds, that he cannot otherwise preserve himself from death or grievous bodily harm. Self-defence against pro 46. Every one who has without justification assaulted voked assault, another, or has provoked an assault from that other, may nevertheless justify force subsequent to such assault, if he uses such force under reasonable apprehension of death or grievous bodily harm from the violence of the person first assaulted or provoked, and in the belief, on reasonable grounds, that it is necessary for his own preservation from death or grievous bodily harm: Provided, that he did not commence the assault with intent to kill or do grievous bodily harm, and did not endeavour at any time before the necessity for preserving himself arose, to kill or do grievous bodily harm: Provided also, that before such necessity arose he declined further conflict, and quitted or retreated from it as far as was practicable. Prevention of insult. Defence of movable property against trespasser. 2. Provocation, within the meaning of this and the last preceding section, may be given by blows, words or gestures. 47. Every one is justified in using force in defence of his own person, or that of any one under his protection, from an assault accompanied with insult: Provided, that he uses no more force than is necessary to prevent such assault, or the repetition of it: Provided also, that this section shall not justify the wilful infliction of any hurt or mischief disproportionate to the insult which the force used was intended to prevent. 48. Every one who is in peaceable possession of any movable property or thing, and every one lawfully assisting him, is justified in resisting the taking of such thing by any trespasser, or in retaking it from such trespasser, if in either case he does not strike or do bodily harm to such trespasser; and if, after any one being in peaceable possession as aforesaid has laid hands upon any such thing, such trespasser persists in attempting to keep it or to take it from the possessor, or from any one lawfully assisting him, the trespasser shall be deemed deemed to commit an assault without justification or pro vocation. property with 49. Every one who is in peaceable possession of any Defence of movable property or thing under a claim of right, and movable every one acting under his authority, is protected from claim of right. criminal responsibility for defending such possession, even against a person entitled by law to the possession of such property or thing, if he uses no more force than is neces sary. property 50. Every one who is in peaceable possession of any Defence of movable property or thing, but neither claims right thereto movable nor acts under the authority of a person claiming right without claim thereto, is neither justified nor protected from criminal responsibility for defending his possession against a person entitled by law to the possession of such property or thing. of right. 51. Every one who is in peaceable possession of a dwell- Defence of dwellinging-house, and every one lawfully assisting him or house. acting by his authority, is justified in using such force as is necessary to prevent the forcible breaking and entering of such dwelling-house, either by night or day, by any person with the intent to commit any indictable offence therein. dwelling 52. Every one who is in peaceable possession of a dwell- Defence of ing-house, and every one lawfully assisting him or acting house at night. by his authority, is justified in using such force as is necessary to prevent the forcible breaking and entering of such dwelling-house by night by any person, if he believes, on reasonable and probable grounds, that such breaking and entering is attempted with the intent to commit any indictable offence therein. 53. Every one who is in peaceable possession of any Defence of house or land, or other real property, and every one lawfully real property. assisting him or acting by his authority, is justified in using force to prevent any person from trespassing on such property, or to remove him therefrom, if he uses no more force than is necessary; and if such trespasser resists such attempt to prevent his entry or to remove him such trespasser shall be deemed to commit an assault without justification or pro vocation. of right to 54. Every one is justified in peaceably entering in the Assertion day-time to take possession of any house or land to the house or land. possession of which he, or some person under whose authority he acts, is lawfully entitled. 2. If any person, not having or acting under the authority of one having peaceable possession of any such house or land with a claim of right, assaults any one peaceably entering as aforesaid, for the purpose of making him desist from such entry, Discipline of minors. Discipline on ships. Surgical operations. Excess. Consent to death. Obedience to de facto law. entry, such assault shall be deemed to be without justification or provocation. 3. If any person having peaceable possession of such house or land with a claim of right, or any person acting by his authority, assaults any one entering as aforesaid, for the purpose of making him desist from such entry, such assault shall be deemed to be provoked by the person entering. 55. It is lawful for every parent, or person in the place of a parent, schoolmaster or master, to use force by way of correction towards any child, pupil or apprentice under his care, provided that such force is reasonable under the circumstances. 56. It is lawful for the master or officer in command of a ship on a voyage to use force for the purpose of maintaining good order and discipline on board of his ship, provided that he believes, on reasonable grounds, that such force is necessary, and provided also that the force used is reasonable in degree. 57. Every one is protected from criminal responsibility for performing with reasonable care and skill any surgical operation upon any person for his benefit, provided that performing the operation was reasonable, having regard to the patient's state at the time, and to all the circumstances of the case. 58. Every one authorized by law to use force is criminally responsible for any excess, according to the nature and quality of the act which constitutes the excess. 59. No one has a right to consent to the infliction of death upon himself; and if such consent is given, it shall have no effect upon the criminal responsibility of any person by whom such death may be caused. 60. Every one is protected from criminal responsibility for any act done in obedience to the laws for the time being made and enforced by those in possession (de facto) of the sovereign power in and over the place where the act is done. Parties to offences. PART III. PARTIES TO THE COMMISSION OF OFFENCES. 61. Every one is a party to and guilty of an offence who(a.) actually commits it; or (b.) does or omits an act for the purpose of aiding any person to commit the offence; or (c.) |