INDIAN PENAL CODE, 1860
BHARATIYA NYAYA SANHITA, 2023
105. Commencement and continuance of the right of private defence of
43. Commencement and continuance of right of private defence of property.
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
INDIAN PENAL CODE, 1860
Commencement and continuance of the right of private defence of
property.
105. Commencement 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.
Repealed / historical reference India Code — IPC 1860
BHARATIYA NYAYA SANHITA, 2023
43. Commencement 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.
Current law India Code — BNS 2023