IPC Section 101 — When such right extends to causing any harm other than death

Summary

If the attack you are facing is not one of the very serious types listed in the previous section, you are not allowed to use your right of private defence to intentionally kill the attacker. However, you are still allowed to intentionally cause any harm short of death, as long as you follow the limits set out in section 99.

Official Text

If the offence be not of any of the descriptions enumerated in the last preceding section, 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 99, to the voluntary causing to the assailant of any harm other than death.

Sections referred to

• IPC §99 — Acts against which there is no right of private defence

Related Judgments

• KASHI RAM & OTHERS vs STATE OF RAJASTHAN — Supreme Court of India (2008)
• STATE OF U.P vs GAJEY SINGH & ANR — Supreme Court of India (2009)
• EX. CT. MAHADEV vs THE DIRECTOR GENERAL, BOARDER SECURITY FORCE & ORS — Supreme Court of India (2022)
• DARSHAN SINGH vs STATE OF PUNJAB & ANR — Supreme Court of India (2010)
• KASHI RAM AND ORS. vs STATE OF M.P — Supreme Court of India (2001)
• MOHINDER PAL JOLLY vs STATE OF PUNJAB — Supreme Court of India (1978)

Old <-> New Code Mapping

• BNS §39 — When such right extends to causing any harm other than death