When such right extends to causing any harm other than death
AI Assist
Summary
Private defence of the body does not justify intentionally killing an attacker when the assault is not one of the special kinds that permit deadly force. A person may, however, in private defence voluntarily cause harm to the assailant short of death, subject to the usual legal limits of necessity and proportionality.
Example
Priya is grabbed by a street thief trying to snatch her bag. The attack is not of the special kind that would allow killing, so she cannot lawfully kill the attacker; she may, however, use force that injures him (for example hitting to break free) so long as it is necessary and proportionate.
Bare Act
Enacted textIf the offence be not of any of the descriptions enumerated in the last preceding section, 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 mentioned in section 99, to the voluntary causing to the assailant of any harm other than death.
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