IPC 105 vs BNS 43: Commencement and continuance of the right of private defence of property
Section 105 of the Indian Penal Code is now section 43 of the Bharatiya Nyaya Sanhita, in force from 1 July 2024. 81% of the old wording is kept; 30 words removed and 10 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 105Commencement and continuance of the right of private defence of property
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.
BNS section 43Commencement and continuance of right of private defence of property
The right of private defence of property,— (a) commences when a reasonable apprehension of danger to the property commences; (b) 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; (c) 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; (d) against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief; (e) against house-breaking after sunset and before sunrise continues as long as the house-trespass which has been begun by such house-breaking continues.
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.