The word crime has not been defined in the Bangladesh Penal Code. It may be described as an act of commission or omission that is harmful to society in general. According to Black’s Law Dictionary, a crime is “the breach of a legal duty treated as the subject matter of a criminal proceeding.” In essence, a crime is an act or omission that violates a law and is punishable by the state.
According to Blackstone, a crime is “an act committed or omitted in violation of a public law either forbidding or commanding it.” Thus, it is a wrong whose sanction is punishment, determined and enforced by the state.
Under the law, when a person intentionally kills another, it is considered murder. Such acts are punishable in almost all countries of the world. The prevailing Penal Code of Bangladesh also regards murder as a crime, but it specifies certain circumstances in which killing a person is not considered a crime. This article discusses those situations where homicide is legally justified under the Penal Code.
The Penal Code of Bangladesh (Penal Code, 1860) provides a clear explanation of what constitutes a crime and when it becomes punishable. Chapter IV of the Penal Code addresses the Right of Private Defense, which allows killing, if necessary, to protect oneself or another person. According to Sections 100 and 103 of the Penal Code, 1860, a person may be exempted from punishment if a homicide is committed under ten grounds in the exercise of the right of private defense.
If a person faces an attack that appears likely to cause death, it is not a crime to cause the attacker’s death in order to repel the assault. This right allows individuals to take life-threatening preventive action in self-defense. Similarly, if someone faces an attack likely to cause grievous bodily harm, killing to prevent such harm may also be lawful. The law recognizes the right to protect one’s body and life from serious injury.
Under Section 100 of the Penal Code, 1860, if a woman faces a threat of rape, killing the attacker in self-defense is not a crime. It is also lawful to inflict grievous injury on the assailant while preventing rape. Moreover, if a person faces the threat of being subjected to unnatural sexual acts, it is lawful to kill the aggressor in self-defense. The law ensures every person’s right to protect their physical integrity. If someone kills a kidnapper while resisting abduction, such an act is not a crime, as the law prioritizes the victim’s safety and liberty.
If a person is being illegally detained and realizes that government assistance will not be immediately available, they have the right to kill the detainer to escape. In this situation, homicide is not considered a crime, as protecting oneself from unlawful confinement is a fundamental human right. Similarly, if a person kills robbers while protecting their property, the act is lawful. The law recognizes the right to defend one’s property.
If someone breaks into a house at night—by forcing a door, window, or wall—and is killed by the occupant in self-defense, the killing is lawful. This right exists to prevent violent intrusion during the night. Furthermore, if killing becomes necessary to prevent arson, such an act is also justified. Likewise, if a person kills while defending against theft, property damage, or home invasion, it is not considered a crime under the law.
Section 97 of the Penal Code, 1860, states that the right of private defense extends not only to one’s own body and property but also to the defense of others. Thus, this right may be exercised to protect the life and property of others.
According to Sections 101 and 104, not only homicide but also any degree of harm inflicted in repelling an attack may be lawful under the right of self-defense. However, Section 106 clarifies that if an innocent person is unintentionally harmed during a counterattack, it will not be treated as a crime, provided that such harm occurred while taking the only available means to repel the attack.
Section 99 of the Penal Code, 1860, sets limits on this right. It states that it is an offense to cause death in the name of self-defense when the act being resisted is lawful, such as one performed by a public servant. Moreover, if legal assistance is available to prevent an attack, resorting to excessive force will not be justified. The law ensures that the use of force does not exceed what is reasonably necessary.
Under the Evidence Act, 1872, the burden of proving a crime generally lies with the complainant. However, if a person claims that a killing occurred in the exercise of self-defense, the burden of proof lies on that person. They must prove that the attack took place and that their response was justified under the right of private defense.
The beauty of law lies in its interpretation. The Penal Code of Bangladesh clearly recognizes that while human life is of utmost value, killing is not always a crime in certain legally justified circumstances. The law does not expect a person to remain passive in the face of danger. Instead, it guarantees the right to resist aggression through appropriate measures of self-defense.
The ten circumstances listed in Sections 100 and 103—threat of death, grievous bodily harm, rape, kidnapping, unnatural sexual assault, illegal detention, robbery, night trespass, arson, and aggravated theft—ensure human dignity, freedom, and security.
However, the Penal Code also warns that excessive or unreasonable use of force in the name of self-defense is unacceptable. Any action beyond what is necessary will be considered a crime. While the right to self-defense protects individuals, the law sets clear boundaries to prevent its misuse.
