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 specified in section 41, that right does not extend to the voluntary
causing of death, but does extend, subject to the restrictions specified in section 37, to the
voluntary causing to the wrong-doer of any harm other than death.