Section 41: When right of private defence of property extends to causing death

Corresponding IPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

6 questions in 19 of our papers cite Section 41. Try these from the free papers:

1. 1. In Puran Singh v. State of Punjab (1975), the Supreme Court considered the right of private defence of property in disputes over possession of land (now Sections 35 and 41 to 43 of the Bharatiya Nyaya Sanhita, 2023). Which of the following reflects its holding?

   A.A trespasser can never exercise the right of private defence of property, whatever the nature of his possessionB.Possession becomes settled as soon as the trespasser enters the land, however casual or stray the entry may beC.A trespasser in settled possession of land may defend that possession even against the true owner who tries to dispossess him by forceD.A true owner may use force to dispossess a trespasser at any time, even after the trespasser's possession has become settled
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2. 2. Assertion (A): The right of private defence of property extends to voluntarily causing the death of a person committing simple theft in daytime that causes no reasonable apprehension of death or grievous hurt. Reason (R): Under Section 41 of the BNS, the right of private defence of property extends to causing death where the offence is robbery or house-breaking after sunset and before sunrise, among others.

   A.Both A and R are true, and R is the correct explanation of AB.Both A and R are true, but R is not the correct explanation of AC.A is true, but R is falseD.A is false, but R is true
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3. 3. Consider the following: 1. Robbery 2. House-breaking after sunset and before sunrise 3. Mischief by fire or any explosive substance committed on a building used as a human dwelling 4. Criminal trespass on open agricultural land in daytime, not causing any apprehension of death or grievous hurt In which of the above cases does the right of private defence of property extend to the voluntary causing of death under Section 41 of the Bharatiya Nyaya Sanhita, 2023?

   A.1, 2 and 3 onlyB.1, 3 and 4 onlyC.1, 2, 3 and 4D.1 and 2 only
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