Criminal Offences Act, 1960 (Act 29)

Section 39 - Use of force for defence of property or possession

A person may justify the use of force for the defence of property or possession, or for overcoming an obstruction to the exercise of a legal right, where

(a) a person in actual possession of a house, land or vessel, or goods, or the servant of that person or any other person authorised by that person, may use force that is reasonably necessary for repelling a person who attempts forcibly and unlawfully to enter the house, land, or vessel, or to take possession of the goods;

(b) a person in actual possession of a house, land or vessel, or the servant of that person or any other person authorised by that person may use force that is reasonably necessary for removing a person who, being in or on the house, land or vessel, and having been lawfully required to depart from that place refuses to depart;

(c) a person wrongfully takes possession of or detains goods, any other person who, as against the first mentioned person has a present right to the possession of them, may, upon refusal to deliver up the goods on demand, use force, personally or by any other person, as is reasonably necessary for recovering possession of the goods; and

(d) a person may use force that is reasonably necessary for overcoming an obstruction or a resistance to the exercise by that person of a legal right.

Reproduced for reference only - this is not legal advice. Legislation can be amended or repealed; verify the current authoritative text with official sources before relying on it. Report a content issue.