IPC 103 vs BNS 41: When the right of private defence of property extends to causing death
Section 103 of the Indian Penal Code is now section 41 of the Bharatiya Nyaya Sanhita, in force from 1 July 2024. 47% of the old wording is kept; 132 words removed and 20 words added.
Struck out: only in the old section. Marked: new in the new section. Punctuation and capitals are ignored when matching words.
IPC section 103When the right of private defence of property extends to causing death
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 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).
BNS section 41When right of private defence of property extends to causing death
The right of private defence of property extends, under the restrictions specified in section 37, 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: — (a) robbery; (b) house-breaking after sunset and before sunrise; (c) mischief by fire or any explosive substance 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; (d) 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.
Text of both sections from India Code, as in our Bare Acts library. Footnotes and amendment notes are on the section pages. Find any other section with the section converter.