When such right extends to causing any harm other than death
AI Assist
Summary
If the attack is not one of the especially serious kinds listed earlier, private defence of the body does not allow deliberately killing the attacker. It does allow the defender to cause injury short of death to repel the assault, subject to the limits and conditions in section 37. Any harm must be necessary and proportionate to the threat.
Example
Ravi is pushed and threatened by a neighbour in a quarrel that is not one of the very serious offences listed elsewhere. He cannot lawfully kill the neighbour in private defence, but he may use force that causes non‑fatal injury, for example disarming or incapacitating the neighbour, so long as his actions meet the limits in section 37.
Bare Act
Enacted textIf the offence be not of any of the descriptions specfied in section 38, 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 specified in section 37, to the voluntary causing to the assailant of any harm other than death.
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