If the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right of private defence, is theft, mischief, or criminal trespass, not of any of the descriptions enumerated in section 103, 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 wrongdoer of any harm other than death.
Section history
Section 104 — Commencement and continuance of right of private defence of property
Consolidated view is experimental and may be broken for certain provisions.
Amendments
[Indian PC 1860, s. 104]
(1)The right of private defence of property starts when the defender reasonably believes that there was a danger to property (either his own or that of any other person) arising from any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit such an offence.
(2)The right of private defence of property against theft continues till —
(a)the offender has effected his retreat with the property;
(b)the assistance of a public authority is obtained; or
(c)the property has been recovered.
(3)The right of private defence of property against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint, or as long as the fear of instant death or of instant hurt or of instant personal restraint continues.
(4)The right of private defence of property against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief.
(5)The right of private defence of property against house‑breaking continues as long as such house‑breaking continues.