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

Indian Penal Code, 1860

Section 104 IPC at a Glance

Section 104 IPC deals with when such right extends to causing any harm other than death. From 1 July 2024 it is replaced by Section 42 BNS.

Punishment

None. Section 104 IPC creates no offence.

BNS Equivalent

Section 42 →

Section 104 IPC Bare Act Text

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.

Source: Section 104, Indian Penal Code, 1860

Section 104 IPC in Simple Words

Section 104 of the Indian Penal Code (IPC) covers theft, mischief or criminal trespass that is not one of the kinds listed in Section 103 IPC. There the right of private defence of property does not extend to voluntarily causing death, but does extend to voluntarily causing the wrong-doer any other harm, subject to the restrictions in Section 99 IPC.

Ingredients of Section 104 IPC

  • The offence resisted, or attempted, is theft, mischief or criminal trespass
  • It is not one of the descriptions listed in Section 103 IPC
  • The harm caused to the wrong-doer is any harm other than death, within the restrictions in Section 99 IPC

Punishment Under Section 104 IPC

Imprisonment

None. Section 104 IPC creates no offence.

Fine

None.

Section 104 IPC is a General Exception. It has no entry in the First Schedule to the CrPC.

Example of Section 104 IPC

In February 2022 in Kochi, Nitin saw Pradeep committing mischief by breaking the wooden gate of Nitin's courtyard with a brick. The act was not one of the aggravated offences listed in Section 103 IPC, as it involved no fire and caused no reasonable apprehension of death or grievous hurt. Acting within the restrictions of Section 99 IPC because no public authority was nearby, Nitin tackled Pradeep to the ground to stop the damage, spraining Pradeep's ankle without causing his death. Nitin's voluntary causing of harm other than death to protect his property is justified under Section 104 IPC.

When Section 104 IPC Does Not Apply

  • The property offence is one of the severe categories specified in Section 103 IPC, where the defender's right can extend to causing death.
  • The defender voluntarily causes the death of the wrong-doer while resisting ordinary theft, mischief, or criminal trespass.
  • The wrong committed against property is neither theft, mischief, nor criminal trespass.
  • The defender exceeds the limits set by Section 99 IPC by inflicting greater harm than is necessary to protect the property or by failing to seek available help from public authorities.

Section 104 IPC in the BNS

Section 104 IPC is now covered under Section 42 BNS.

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.

View detailed comparison (IPC 104 vs BNS 42) →

FAQs on Section 104 IPC

What does Section 104 IPC say?▼

That if the offence is theft, mischief or criminal trespass not of the kinds in Section 103 IPC, the right of private defence of property does not extend to causing death, but does extend to any other harm, subject to the restrictions in Section 99 IPC.

Can I kill a thief under Section 104 IPC?▼

No. Causing death is allowed only in the cases listed in Section 103 IPC.

Can I cause hurt to someone stealing my property under Section 104 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 104 IPC an offence?▼

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

What is the BNS equivalent of Section 104 IPC?▼

Section 42 BNS, which cites Section 41 BNS and Section 37 BNS.

Have questions about Section 104 IPC?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

Ask NyayGuru →

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 ·