Indian Penal Code, 1860 · Section 104

IPC 104 in BNS: Section 42

Section 104 of the Indian Penal Code, 1860 corresponds to Section 42 of the Bharatiya Nyaya Sanhita, 2023. IPC 104 deals with when such right extends to causing any harm other than death. The Bharatiya Nyaya Sanhita came into force on 1 July 2024, replacing the IPC.

Indian Penal Code

IPC 104 is now BNS 42.

When such right extends to causing any harm other than death

Carried over
91% of the old wording kept
Old · IPC 1860 · Ch. IV
s. 104
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 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.
Text from the official India Code PDF
New · BNS 2023 · Ch. III
s. 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.
Text from India Code

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