When such right to causing any harm other than death
AI Assist
Summary
When the right of private defence arises from theft, mischief, or criminal trespass (excluding the aggravated kinds listed earlier), the defender may not voluntarily cause death. They may, however, subject to the limits in section 99, voluntarily cause any harm to the wrongdoer that is short of death.
Example
Ravi finds someone stealing from his shop and catches the thief. Since the offence is theft, Ravi cannot intentionally cause the thief's death. He may, subject to the limits in section 99, cause or inflict injury short of death to stop or detain the thief.
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 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.
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