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.
IPC Section 104: Simplified Explanation
IPC Section 104 of the Indian Penal Code (IPC) provides further details on the right of private defence of property, mainly focusing on when this right does not extend to causing death but to causing any harm other than death. This section acts as a counterpart to Section 103 by defining the limits of force that can be used to defend property under less severe circumstances than those outlined in Section 103.
Here’s a summary of what IPC Section 104 entails:
- Limitation on Causing Death: Section 104 specifies that the right of private defence of property extends to causing any harm other than death, except under the situations listed in Section 103 where causing death is justified. This limitation is crucial because it acknowledges that while defending property is essential, the value of human life is paramount. Lethal force can only be justified under the most extreme threats.
- Scenarios for Use: The provision applies to a range of situations where property is threatened, including theft, robbery, mischief, or house trespassing, but where the conditions do not meet the severity required under Section 103 to justify a lethal response. Essentially, suppose the aggression does not pose a direct and immediate threat of death or grievous hurt to the defender or others. In that case, the defender’s right is limited to causing harm other than death to the aggressor.
- Proportionality and Necessity: Reflecting the principles underpinning the right of private defence, the use of force under Section 104 must be proportional to the threat faced and necessary to avert that threat. This means that the defender should use no more force than is required to protect the property and stop the aggression.
- Objective: Section 104 balances the right to protect one’s property with the need to minimise harm and violence. It ensures that individuals have the means to defend their property rights while also imposing a duty to exercise this right responsibly, without resorting to excessive force, especially lethal force, unless necessary.
By setting these boundaries, IPC Section 104 contributes to the legal framework that governs using force in the defence of property, emphasising a measured and proportional response that respects the value of human life.
