Section 43: Commencement and continuance of right of private defence of property

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

4 questions in 22 of our papers cite Section 43. 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. Match List I (offence) with List II (continuance of the right of private defence of property under Section 43 of the Bharatiya Nyaya Sanhita, 2023): List I A. Theft B. Robbery C. Criminal trespass or mischief D. House-breaking after sunset and before sunrise List II 1. As long as the house-trespass begun by such house-breaking continues 2. As long as the offender continues in the commission of the offence 3. Till the offender has effected his retreat with the property, or the assistance of the public authorities is obtained, or the property has been recovered 4. As long as the offender causes or attempts to cause death, hurt or wrongful restraint, or the fear of instant death, instant hurt or instant personal restraint continues

   A.A-4, B-3, C-2, D-1B.A-3, B-4, C-2, D-1C.A-2, B-4, C-3, D-1D.A-3, B-2, C-4, D-1
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