Code :
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.
Explanation:
Section 104 of the Indian Penal Code outlines the extent to which a person can exercise the right of private defence of property, particularly in situations where causing death is not justified.
While Sections 96 to 103 IPC provide a person the right to protect property from theft, robbery, mischief, and criminal trespass—including, in some cases, the right to cause death—Section 104 sets the boundary where this right does not extend to causing death but does permit causing other harm.
Key Points:
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Section 104 applies when a person defends property against:
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Theft
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Mischief
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Criminal trespass
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But it specifically applies when such offences do not reasonably cause fear of death or grievous hurt.
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In such cases, the defender has the right to cause any harm (short of death) to the wrongdoer.
In other words, if the circumstances do not meet the threshold where life is endangered (as defined in Section 103), a person may still use necessary force to defend property—but cannot cause death.
Illustrative Example:
Let’s consider a scenario where a person is attacked by another individual. The attacked person defends themselves by striking their attacker. In this case, the person who defended themselves may have a valid defense of self-defense if the force used was proportionate to the threat posed by the attacker. However, if the person who defended themselves used excessive force or continued to strike the attacker after the threat was neutralized, then they could potentially be charged with an offense.
Common Questions and Answers:
Q: Can I use force to defend my property?
A: Yes, you can use force to defend your property, but the force used must be proportionate to the threat. For example, you cannot shoot someone who is attempting to steal a bicycle.
Q: Is it legal to use a weapon to defend myself?
A: The legality of using a weapon in self-defense depends on the specific circumstances and the laws of the jurisdiction. It is generally advisable to seek legal advice before using a weapon in self-defense.
Q: Can I be charged with a crime if I cause harm to someone while defending myself?
A: It is possible to be charged with a crime even if you are acting in self-defense if the force you used was excessive or unreasonable. You may be able to raise a defense of self-defense at trial, but it is important to consult with a lawyer to discuss your specific case.
