Section 26: No right to cause death

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 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 an attempt is made to cause mischief by seizing, using a deadly weapon, setting fire to or using an explosive substance on any building, tent which is used for human dwelling or as the place for worship or prayer 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 Government or Local Level or public property to prevent an assault made on such person or property.