Page:Syariah Penal Code Order, 2013.pdf/28

BRUNEI DARUSSALAM GOVERNMENT GAZETTE he knows or has reason to believe that the person doing the act is such public servant.

Explanation 2—A person 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 he knows or has reason to believe that the person doing the act is acting by such direction or unless such person states the authority under which he acts or, if he has authority in writing, unless he produces such authority, if demanded.

When right of private defence of body extends to causing death.

29. The right of private defence of the body extends, subject to the restrictions mentioned in section 28, to the voluntary causing of death, or of any other harm, to the assailant if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated—
 * (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 hurt will otherwise be the consequence of such assault;
 * (c) an assault with the intention of committing zina bil-jabar;
 * (d) an assault with the intention of committing liwat;
 * (e) an assault with the intention of abducting.

When such right extends to causing any harm other than death.

30. If the offence be not of any of the descriptions enumerated in section 29, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions mentioned in section 28, to the voluntary causing to the assailant of any harm other than death.

Commencement and continuance of right of private defence of body.

31. The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence, though the offence may not have been committed and it continues as long as such apprehension of danger to the body continues.

When right of private defence of property extends to causing death.

32. The right of private defence of property extends, under the restrictions mentioned in section 28, to the voluntary causing of death, or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting to 1688