IPC Section 104 — When such right to causing any harm other than death

Summary

If the offence that triggers the right of private defence is theft, mischief, or criminal trespass (but not one of the more serious types listed in the previous section), then the defender cannot intentionally kill the wrongdoer. However, the defender may intentionally cause any harm short of death, as long as the restrictions in section 99 are followed.

Official Text

If the offence, the committing of which, or the attempting to commit which occasions the exercise of the right of private defence, be theft, mischief, or criminal trespass, not of any of the descriptions enumerated in the last preceding section, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions mentioned in section 99, to the voluntary causing to the wrong-doer of any harm other than death.

Related Judgments

• S.C.R. 101 KASHI RAM & OTHERS v. STATE OF RAJASTHAN — Supreme Court of India (2008)
• ... Petitioners/Accused vs Rev.Dr.Colin L.Raymond — Madras High Court (2011)
• .. Appellant vs State rep. By — Madras High Court (2011)
• ANIYAN KUNJU v. STATE OF KERALA — Supreme Court of India (2004)
• DATTA AMBO ROKADE v. THE STATE OF MAHARASHTRA — Supreme Court of India (2019)
• Rajesh ... Sole Appellant vs The State — Madras High Court (2011)
• SUMANLAL CHHOTALAL KAMDAR ETC v. MISS ASHA TRILOKBHAI SHAH ETC. MAY 9, 1995 B — Supreme Court of India (S)
• ST A TE OF RAJASTHAN v. RAM BHAROSI AND ORS. AUGUST 12, 1998 — Supreme Court of India (1998)

Old <-> New Code Mapping

• BNS §42 — When such right extends to causing any harm other than death