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Moreshwar Janardan Gogate vs Emperor on 28 June, 1928

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Central Government Act
Section 104 in The Indian Penal Code
104. 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.