Section 104 of the IPC is about the Right to private defence. Indian Penal Code describes and defines various offences and punishments. It is an important section in the Indian Penal Code and defines the right to defend a crime. This right helps the citizens to defend themselves and their property. Moreover, this right has certain specifications and limitations. Furthermore, understanding Section 104 is important for ordinary citizens and legal professionals. In this article, we will delve into the Section 104 of IPC.
IPC Section 104
The text of IPC section 104 states that
“When such right extends to causing any harm other than death:
If 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.
The Indian Penal Code section 104 allows a person to use reasonable force to defend their property. Additionally, it also permits a person to recover the possession of a movable property. Moreover, section 104 outlines the legal limits one can defend their property.
Also read : Section 436 of the Indian Penal Code: Arson Laws & Punishments
Important Elements of IPC Section 104
- The section is mainly about the right of private defence. Section 104 defines that every individual has the right to defend themselves. Additionally, the right of private defence includes protecting one’s body and property.
- Section 104 of the Indian penal code allows an individual to use reasonable force to defend the property. Additionally, the force must be proportionate to the situation. Moreover, an individual can prevent unlawful attacks.
- If an assault or criminal force is used by the attacker, the defending person can use reasonable force.
- A reasonable force can be used to recover the property.
- The use of force against the public servants is not permitted in this section.
- The court can consider a genuine mistake that led the person to believe that they are using reasonable force.
- The defence in this section covers the movable property. Furthermore, this section does not cover immovable properties like buildings.
- Use of reasonable force is permitted to defend. However, the use of excessive force is not permitted under this section.
Punishment for IPC 104
Direct Punishment is not specified in the IPC section 104. Moreover, the IPC section 104 provides legal justification to use reasonable force to defend the property. Using excess or disproportionate force will attract punishments.
Case Laws of IPC section 104
Here are some of the court judgements related to section 104 of the Indian Penal Code
Sita Ram V. State of Uttar Pradesh
The case was in the year 1979. Furthermore, in this case, the court held that the degree of force used must be reasonable. The court also emphasised that force used must be necessary for the defence of the movable property.
Munshi Ram V. Delhi Administration
The case Munshi Ram V. Delhi Administration was in 1968. In this case, the court held that the defence in section 104 is not applicable against public servants.
The defence cannot be exceeded against the government servants who are acting lawfully within their capabilities in the office.
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Yogendra Morarji V State of Gujarat
Yogendra Morarji V State of Gujarat case was in the year 1980. However. In this case, the court ruled that assault must be reasonable. The court also held that the criminal force is not merely subjective.
Dhanpal Singh V. State of Punjab
The case of Dhanpal Singh V. State of Punjab was in 1981. In this case, the court clarified the defence in section 104 of the Indian Penal Code. The court said that the defence is limited to movable property. Moreover, the defence does not apply to immovable properties such as buildings.
Prakash Chand V. State of haryana
The case Prakash Chand v State of Haryana was in the year 1990. In the case court said that the use of force is necessary for the defense. Moreover, the court also emphasized that the use of force is not merely retaliatory or preemptive.
Connection of section 104 to section 99 in IPC
Section 99 of the Indian Penal Code imposes restrictions on the right of private defence. Furthermore, The restrictions are the following.
- One is not allowed to defend the act done by the public servants.
- The force used should be reasonable. Moreover, the force used should not exceed to prevent the offence.
These restrictions play a major role in the determination of legal actions under section 104.
Defence of property
The right of private defence of property is defined in sections 96 to section 106 of IPC. Furthermore, these sections establish the rules to defend one’s property.
- The defender should act only when a threat or offence occurs
- The force used to defend must be reasonable. Moreover, the force should also be proportionate to the threat. Use of excessive force is not justified under section 104 of IPC
- The defence must be exercised at the moment of threat. However, the delayed reaction is not considered self-defence.
Also read: Section 323 IPC: Understanding Voluntarily Causing Hurt
Conclusion
Section 104 of the Indian Penal Code ensures the right of private defence. Furthermore, the section emphasizes an individual’s right to protect their belongings. This section also prohibits the cause of death. The defender is allowed to do reasonable harm to the offender. However, the section 104 protects the property right and justice. Judicial interpretation and public awareness are necessary. Moreover, the citizens must be aware of their rights. It also helps the individuals to act responsibly. In this article, we have discussed section 104 in detail.