What is Section 104 IPC? When such right extends to causing any harm other than death
Published on: Lawiz Team
Detailed explanation of Section 104 IPC: When such right extends to causing any harm other than death.
Official Legal Text
If the offence is not of the kind described in Section 103, the right of private defence of property extends to causing any harm other than death.
What This IPC Section Means – Explained in Simple Words
Section 104 allows use of force in property defense, but not to the extent of causing death.
Purpose
To ensure property defense without causing death, unless under Section 103 conditions.
Bailable or Not Bailable & Punishment
Bailable: Not Applicable, Punishment: No punishment for causing any harm other than death in the exercise of the right of private defence of property.
Scope and Application
Applies to all situations of property defense without severe threats.
Important Legal Points
Lethal force is not allowed under this section.
Illustrative Example
A person can push away a trespasser but cannot use deadly force.
Exceptions and Special Cases
Does not apply to extreme threats covered under Section 103.
Conclusion
Limits force to reasonable levels for property defense.
FAQs
What does Section 104 IPC define?
When such right extends to causing any harm other than death.
Where is Section 104 IPC commonly applied?
In cases involving when such right extends to causing any harm other than death situations.
Why is Section 104 IPC significant?
It provides clarity in handling cases under Indian Penal Code.
Can you provide a real-world example of Section 104 IPC?
Real-world cases involving when such right extends to causing any harm other than death often refer to this section.
Does Section 104 IPC mention any exceptions?
Yes, it should be interpreted in conjunction with other IPC provisions.
Is Section 104 IPC linked to any other IPC sections?
Yes, it complements several provisions related to criminal defenses or abetment.
How have courts interpreted Section 104 IPC?
Courts interpret based on statutory meaning and factual case situations.