IPC 104→BNS 42

IPC 104 to BNS 42: When such right extends to causing any harm other than death

Section 104 IPC (1860) replaced by Section 42 BNS (2023)

View IPC Section 104 →View BNS Section 42 →

IPC 104 to BNS 42 at a Glance

Section 104 IPC (When such right extends to causing any harm other than death) is now Section 42 BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 104 to BNS 42?

Section 42 BNS keeps the rule word for word, except that it refers to the descriptions specified in Section 41 BNS and the restrictions specified in Section 37 BNS, in place of the last preceding section and the restrictions mentioned in Section 99 IPC.

IPC 104 vs BNS 42: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section10442
OffenceWhen such right extends to causing any harm other than deathSame
PunishmentNone. Section 104 IPC creates no offence.None. Section 42 BNS creates no offence.
FineNone.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 104 and BNS 42: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 104, IPC 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 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.
BNS 2023 (in force)

Section 42, BNS 2023

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.

Ingredients: IPC 104 vs BNS 42

Under IPC 104
  1. The offence resisted, or attempted, is theft, mischief or criminal trespass
  2. It is not one of the descriptions listed in Section 103 IPC
  3. The harm caused to the wrong-doer is any harm other than death, within the restrictions in Section 99 IPC
Under BNS 42
  1. The offence resisted, or attempted, is theft, mischief or criminal trespass
  2. It is not one of the descriptions listed in Section 41 BNS
  3. The harm caused to the wrong-doer is any harm other than death, within the restrictions in Section 37 BNS

What IPC 104 to BNS 42 Means for Pending Cases

For Section 104 IPC (now Section 42 BNS): nothing changes in how far property may be defended against lesser theft, mischief or trespass. Section 42 BNS still allows any harm other than death.

FAQs: IPC 104 to BNS 42

What changed when Section 104 IPC became Section 42 BNS?▼

Only the cross-references. Section 42 BNS cites Section 41 BNS for the descriptions and Section 37 BNS for the restrictions. The rule is the same.

Where does Section 104 IPC sit in the BNS?▼

In Section 42 BNS, in Chapter III, General Exceptions.

Does Section 104 IPC or Section 42 BNS apply to an act done before 1 July 2024?▼

Section 104 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 104 IPC. Section 42 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·