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.
CHAPTER IV GENERAL EXCEPTIONS · Of the Right of Private Defence
Section 104: When such right extends to causing any harm other than death
The Indian Penal Code, 1860 (repealed)
Repealed by the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024.
Now in the BNS
As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table
| 104. When such right extends to causing any harm other than death. | BNS 42 |
Questions on this section
1 question in 2 of our papers cite Section 104. Try these from the free papers:
1. Consider the following statements under the Bharatiya Nyaya Sanhita, 2023: 1. If the offence against the body is not of any of the descriptions in Section 38, the right of private defence of the body does not extend to causing death, but extends to causing any harm other than death. 2. If the offence against property is mischief not of any description in Section 41, the right of private defence of property does not extend to causing any harm at all to the wrong-doer. 3. The harm other than death permitted by Sections 39 and 42 is subject to the restrictions in Section 37. Which of the statements given above is/are correct?