You can always kill someone if they attack you first.

Only in serious situations (listed in Section 100, like threat to life) does the law allow killing in self-defense. For lesser attacks, Section 101 limits you to non-lethal force.

Self-defense means you can use any level of force you want.

Courts require the force used to be proportionate to the threat faced, under the restrictions in Section 99, which Section 101 explicitly incorporates.

Indian Penal Code, 1860

Section 101

repealed

When such right extends to causing any harm other than death

If the offence be not of any of the descriptions enumerated in the last preceding section, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions mentioned in section 99, to the voluntary causing to the assailant of any harm other than death.§

Why this exists

The Indian Penal Code, drafted under Lord Macaulay in 1860, tries to balance a person's right to protect themselves with society's interest in preventing unnecessary killing. Section 100 lists extreme situations (like risk of death or rape) where killing an attacker is justified. Section 101 covers everything else — minor scuffles, pushes, slaps — where the law still lets you fight back, but stops you from escalating to lethal force. It reflects the principle of proportionality: your defense should match the threat, not exceed it.

How courts read it

Indian courts have repeatedly stressed that the right of private defense under Section 101 is not a license for retaliation or revenge. In cases like Yogendra Morarji v. State of Gujarat, the Supreme Court held that the force used must be proportionate to the danger faced, and if the original attack was minor, causing death exceeds the right of private defense and can attract culpable homicide charges. Courts examine the nature of the attack, weapons used, and immediacy of threat to decide whether the defender stayed within Section 101's limits or crossed into unlawful excess.

Common misconceptions

Myth: You can always kill someone if they attack you first.
Fact: Only in serious situations (listed in Section 100, like threat to life) does the law allow killing in self-defense. For lesser attacks, Section 101 limits you to non-lethal force.
Myth: Self-defense means you can use any level of force you want.
Fact: Courts require the force used to be proportionate to the threat faced, under the restrictions in Section 99, which Section 101 explicitly incorporates.