Legal Provisions of Section 101 of Indian Penal Code, 1860.
When such right extends to causing any harm other than death:
This provision is a corollary to section 100 of the Code. It states that if any of the circumstances enumerated under section 100 does not exist, that is to say, that if the offence be of any other description than mentioned in that section the right of private defence of body does not extend to causing of death of the attacker but the defender is entitled, subject to the restrictions mentioned in section 99, to voluntarily cause to him any other harm other than death.
ADVERTISEMENTS:
In Yogendra Morarji v. State an unlawful assembly tried to stop and intercept the vehicle of the accused with the common object of extorting money from him by putting him under fear of injury. The accused fired three rounds by his revolver one of which caused the death of a member.
The Supreme Court held that as soon as the assembly members raised their hands in the gesture of stopping the vehicle, the right of private defence had begun under section 102 of the Code but there was never any reasonable apprehension of any of the offences mentioned under section 100 being committed. Consequently, even if the members might have been pelting stones or brick pieces on the vehicle, a station wagon, the accused could have sped away, may be after firing a shot in the air. Under these circumstances, therefore, he was not justified in killing the deceased.
Image Source: ci.desoto.tx.us
In State v. Hazara Singh, a unarmed assailant threw a single stone piece or brickbat at the accused which caused a simple head injury. After sometime had elapsed the accused fired a shot at the unarmed assailant causing him grievous injury on the abdomen. The Supreme Court disallowed the plea of private defence as it did not seem to be an act in defence but in retaliation.
ADVERTISEMENTS:
In Mohinder Pal v. State? agitating workers of a factory threw some brickbats at their factory building in support of their demands. The owner of the factory fired a shot by his revolver which resulted in the death of a worker. The Supreme Court rejected the right of private defence as only the offence of mischief was caused on the factory building which did not justify the killing as no clause of section 100 was attracted, while for other offences section 101 of the Code does not permit causing of death.