CaseMinister
CaseMinister › Sections › IPC › Section 105

IPC Section 105 in BNS: Section 43

Commencement and continuance of the right of private defence of property

Section 105 of the Indian Penal Code, 1860 (Commencement and continuance of the right of private defence of property) corresponds to Section 43 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024.

Text of BNS Section 43

43. 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.

Full BNS Section 43 and every IPC section it replaced →

Ask CaseMinister about IPC 105 / BNS 43

Get the judgments that apply this section, with the paragraph relied on in each and what later Benches said about it. Two answers free on WhatsApp, no signup.

← IPC 104IPC 106 →