Section 101 IPC: When such right extends to causing any harm other than death

Indian Penal Code, 1860

Section 101 IPC at a Glance

Section 101 IPC deals with when such right extends to causing any harm other than death. From 1 July 2024 it is replaced by Section 39 BNS.

Punishment

None. Section 101 IPC creates no offence.

BNS Equivalent

Section 39 →

Section 101 IPC Bare Act Text

101. When such right extends to causing any harm other than death

If the offence be not of any of the descriptions enumerated in the last preceding section, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions mentioned in section 99, to the voluntary causing to the assailant of any harm other than death.

Source: Section 101, Indian Penal Code, 1860

Section 101 IPC in Simple Words

Section 101 of the Indian Penal Code (IPC) covers an assault that is not one of the seven kinds listed in Section 100 IPC. There the right of private defence of the body does not extend to voluntarily causing the assailant's death, but does extend to voluntarily causing any other harm to the assailant, within the restrictions in Section 99 IPC.

Ingredients of Section 101 IPC

  • The offence is not one of the descriptions listed in Section 100 IPC
  • The right of private defence of the body is being exercised, within the restrictions in Section 99 IPC
  • The harm caused to the assailant is any harm other than death

Punishment Under Section 101 IPC

Imprisonment

None. Section 101 IPC creates no offence.

Fine

None.

Section 101 IPC is a General Exception. It has no entry in the First Schedule to the CrPC.

Example of Section 101 IPC

In May 2021 in Mysuru, Arvind slapped his neighbour Deepak during an argument over parking and tried to twist his wrist. The attack did not fall under any of the categories in Section 100 IPC, as it caused no apprehension of death or grievous hurt. With no time to seek help from public authorities and acting within the restrictions of Section 99 IPC, Deepak struck Arvind on the shoulder with a wooden cane to free himself, fracturing Arvind's collarbone without causing his death. Deepak's act of voluntarily causing harm other than death is not an offence because of Section 101 IPC.

When Section 101 IPC Does Not Apply

  • The offence against the body falls within one of the descriptions in Section 100 IPC, in which case the right of private defence can extend to causing death.
  • The defender voluntarily causes the death of the assailant in response to an offence not covered by Section 100 IPC.
  • The defender acts in breach of the restrictions in Section 99 IPC, such as by inflicting more harm than is necessary for the purpose of defence.
  • There is sufficient time for the person to seek the protection of the public authorities instead of using force under Section 99 IPC.

Section 101 IPC in the BNS

Section 101 IPC is now covered under Section 39 BNS.

Section 39 BNS keeps the rule word for word, except that it refers to the descriptions specified in Section 38 BNS and the restrictions specified in Section 37 BNS, in place of the last preceding section and the restrictions mentioned in Section 99 IPC.

View detailed comparison (IPC 101 vs BNS 39) →

FAQs on Section 101 IPC

What does Section 101 IPC say?▼

That if the offence is not one of the descriptions in Section 100 IPC, the right of private defence of the body does not extend to causing death, but does extend to any other harm, under the restrictions in Section 99 IPC.

Can I kill an attacker in private defence under Section 101 IPC?▼

No. Causing death is allowed only in the seven cases in Section 100 IPC.

Can I cause hurt to an attacker under Section 101 IPC?▼

Yes. Any harm other than death may be caused, within the restrictions, and never beyond what is necessary for the purpose of defence.

Is Section 101 IPC an offence?▼

No. It creates no offence. It is a General Exception.

What is the BNS equivalent of Section 101 IPC?▼

Section 39 BNS, which cites Section 38 BNS and Section 37 BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·