IPC § 104 · Indian Penal Code, 1860 · Repealed on 1 July 2024

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

Replaced from 1 July 2024 by BNS 42 of the Bharatiya Nyaya Sanhita, 2023. Offences committed on or before 30 June 2024 are still charged under the IPC.

The law now: BNS 42 — When such right extends to causing any harm other than death

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 specified in section 41, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions specified in section 37, to the voluntary causing to the wrong-doer of any harm other than death.

Source: India Code (indiacode.gov.in). The Gazette of India is the authoritative text. BNS 42 in full

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