Bailabel Type : bailable

Description

"If the offense, 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, the right of private defense 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."

 This means:

? When self-defense applies:

• If someone tries to commit theft, mischief, or criminal trespass, the owner has the right to use reasonable force to protect their property.
• The property owner can cause harm to the offender but cannot kill them.

? When self-defense does not apply:

• If the crime is serious enough to justify deadly force, it comes under Section 103 IPC, not Section 104.
• The force used should be proportionate to the offense and should not exceed the necessary limit.

? Restrictions under Section 99 IPC:

• No excessive force: The defender cannot act in revenge or cruelty after the crime has stopped.
• No defense against lawful actions: If a public servant (like a policeman) is performing their duty legally, self-defense cannot be used against them.
• Only when no time to seek police help: The right of private defense applies only when police intervention is not possible.

Punishment

Punishment Under Section 104 IPC

?? Section 104 IPC itself does not prescribe any punishment since it is a defensive provision. However, if excessive force is used, punishment can be given under other IPC sections:

Action Taken in Self-Defense	Relevant IPC Section	Punishment
Causing Simple Hurt (minor injuries in self-defense)	Section 323 IPC	Up to 1 year imprisonment or fine, or both
Causing Grievous Hurt (serious injuries in self-defense)	Section 325 IPC	Up to 7 years imprisonment and fine
Hurt using dangerous weapons	Section 326 IPC	Up to 10 years imprisonment and fine
Killing in excessive self-defense (not justified under Section 104 IPC)	Section 304 IPC (Culpable Homicide)	Up to 10 years or life imprisonment
Murder in the name of self-defense (not justified under Section 104 IPC)	Section 302 IPC (Murder)	Death sentence or life imprisonment