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CHAPTER IV GENERAL EXCEPTIONS · Of the Right of Private Defence

Section 103: When the right of private defence of property extends to causing death

The Indian Penal Code, 1860 (repealed)

Repealed by the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024.

The right of private defence of property extends, under the restrictions mentioned in section 99, to the voluntary causing of death or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter enumerated, namely:—

First.—Robbery;

Secondly.—House-breaking by night;

Thirdly.—Mischief by fire committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling or as a place for the custody of property;

Fourthly.—Theft, mischief or house-trespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised.

State Amendments (as printed in the official text)

Karnataka

(1) In section 103, in clause Thirdly, —

(i) after the words “mischief by fire”, the words “or any explosive substance” Shall be inserted;

(ii) after the words “as a human dwelling, or” the words “as a place of worship, or” shall be inserted.

(2) After clause Fourthly, the following clause shall be inserted namely:—

“Fifthly.— Mischief by fire or any explosive substance committed on any property used or intended to be used for the purpose of Government or any local authority, statutory body or company owned or controlled by Government or railway or any vehicle used or adapted to be used for the carriage of passengers for hire or reward”.

[Vide Karnataka Act 8 of 1972, sec. 2, (w.e.f. 7-10-1972)].

Now in the BNS

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

103. When the right of private defence of property extends to causing death.BNS 41

Questions on this section

1 question in 7 of our papers cite Section 103. Try these from the free papers:

  1. 1. 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?

Practise questions on Criminal Law