IPC · Indian Penal Code, 1860

Section 104 IPC

When such right to causing any harm other than death

Offence

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.

Punishment summary

  • Punishment may include death.
← Sec. 103 All sections Sec. 105 →

FAQ — Section 104 IPC

Section 104 of the Indian Penal Code, 1860 (IPC) deals with “When such right to causing any harm other than death”. This page explains the offence (if any), punishment, and links to Vaksera petition formats.

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.

No. Vaksera provides a drafting reference and petition formats only. Always verify the current bare act and local court practice.

Statute summaries on Vaksera are for advocate drafting reference only, not legal advice. Verify the current bare act and court rules before filing.