When such right extends to causing any harm other than death
AI Assist
Summary
When an attacker is committing or attempting theft, mischief, or criminal trespass (excluding the more serious types kept apart elsewhere), private defence cannot lawfully cause the attacker’s death. It does allow voluntarily causing any harm short of death to the wrongdoer, but only within the ordinary legal limits on private defence.
Example
Priya catches someone breaking into her shop to steal goods. If she hurts the thief to stop him but does not kill him, causing that non‑fatal harm can be justified as private defence within legal limits; deliberately killing him would not be justified.
Bare Act
Enacted textIf 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 specified in section 41, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions specified in section 37, to the voluntary causing to the wrong-doer of any harm other than death.
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