(1) In exercising the right of private
defence pursuant to this Chapter, no one shall have the right to cause
a person’s death.
(2) Notwithstanding anything contained in sub-section (1),
if any act done in the exercise of the right of private defence subject
to sub-section (3) of Section 25, in any of the following
14
circumstances, causes the death of a person, such act shall not be
considered to be an offence:
(a) Where there is reasonable cause to believe that an assault on
oneself or another person would cause the death of or
serious injury or grievous hurt to oneself or another person
unless instant defence is exercised against such assault,
(b) Where any act is instantly done by the victim having
reasonable cause to believe that the assault is made with the
intention of committing rape or at the time of or after the
commission of rape,
(c) Where hostage-taking or kidnapping is committed with the
intention of causing death, taking ransom for hostage-taking
or kidnapping, committing rape, causing grievous hurt,
(d) Where attempt is made to cause mischief by seizing, using a
deadly weapon, setting fire to or using explosive substance
on, any building, tent which is used for human dwelling or
as the place for worship or pray or the custody of property
or a means of transport,
(e) Where it is necessary to defend against robbery,
(f) Where the circumstance requires an instant retaliation by a
security personnel deputed by order of the competent
authority for the personal security of a person or security of
a property of the Government of Nepal, State Government
or Local Level or a body corporate under full or majority
ownership or control of the Government of Nepal, State
15
Government or Local Level or public property in order to
prevent an assault made on such person or property.