Law Maker

CHAPTER IV GENERAL EXCEPTIONS · Of the Right of Private Defence

Section 105: Commencement and continuance of the right of private defence of property

The Indian Penal Code, 1860 (repealed)

Repealed by the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024.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 commences when a reasonable apprehension of danger to the property commences.

The right of private defence of property against theft continues till the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the property has been recovered.

The right of private defence of property against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or of instant personal restraint continues.

The right of private defence of property against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief.

The right of private defence of property against house-breaking by night continues as long as the house-trespass which has been begun by such house-breaking continues.

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

105. Commencement and continuance of the right of private defence of property.BNS 43

Questions on this section

1 question in 10 of our papers cite Section 105. Try these from the free papers:

  1. 1. 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

Practise questions on Criminal Law