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SECTION 104 IPC - Indian Penal Code - When such right to causing any harm other than death


Last Updated: 01 Sep, 2024
By Advocate Chikirsha Mohanty


As per new Indian Criminal law, IPC Section 104 has been replaced with BNS Section 42 with effect from July 1, 2024.

Please refer to BNS 42 for updated procedures & punishments.

Table of Contents
  1. IPC 104 in Simple Words
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.



IPC 104 in Simple Words

In simple words, Section 104 of the Indian Penal Code states that if the offense (like theft, mischief, or criminal trespass) does not fall under specific categories mentioned earlier, the right of private defense does not allow causing death, but it permits causing harm other than death to the wrongdoer, within certain restrictions.


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Frequently Asked Questions


What is Section 104 of IPC?

Section 104 applies if the wrongdoers commit or try to commit one of the following crimes: (1) theft; (2) mischief, or trespass, not covered by section 103. This is subject to the restrictions in section 99. In such a situation, the right to private defense of property will be...


What is the meaning of section 104?

What does section 104 mean?


What is IPC 103 and 104?

When the defendant's claim of self-defense of property is based on Section 103 or Section 104 of the Indian Penal Code.