Section 104 - When such right extends to causing any harm other than death | Indian Penal Code, 1860 vs The Bharatiya Nyaya Sanhita, 2023 | LawFinder

Indian Penal Code, 1860

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 defense, 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.

The Bharatiya Nyaya Sanhita, 2023

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.