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.
Section 104: When such right extends to causing any harm other than death
The Indian Penal Code, 1860Central Act · Act 45 of 1860
Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it. Repealed by the Bharatiya Nyaya Sanhita, 2023, with effect from 1 July 2024
Where this provision sits
| Act | The Indian Penal Code, 1860 |
|---|---|
| Section | 104 |
| Marginal note | When such right extends to causing any harm other than death |
| Jurisdiction | Central |
| Status | Repealed |
| Judgments citing it | 2 |
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