Right of private defence limited to non fatal harm; does not extend to causing death, subject to statutory restrictions. Where the offence occasioning the exercise of the right of private defence is theft, mischief, or criminal trespass not falling within the descriptions in section 41, the right does not extend to voluntarily causing death but does extend, subject to the limitations in section 37, to the voluntary causing of any harm other than death.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Right of private defence limited to non fatal harm; does not extend to causing death, subject to statutory restrictions.
Where the offence occasioning the exercise of the right of private defence is theft, mischief, or criminal trespass not falling within the descriptions in section 41, the right does not extend to voluntarily causing death but does extend, subject to the limitations in section 37, to the voluntary causing of any harm other than death.
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