BNS Section 43: Commencement and continuance of right of private defence of property
Bharatiya Nyaya Sanhita, 2023 · Chapter 3: General Exceptions - (Including Of right of private defence)
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¶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.
Study: explanations and related material
Replaces IPC 105. IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28)
Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 14. Act done by a person bound, or by mistake of fact believing himself bound, by law
- 15. Act of Judge when acting judicially
- 16. Act done pursuant to judgment or order of Court
- 17. Act done by a person justified, or by mistake of fact believing himself justified, by law
- 18. Accident in doing a lawful act
- 19. Act likely to cause harm, but done without criminal intent, and to prevent other harm
- 20. Act of a child under seven years of age
- 21. Act of a child above seven and under twelve years of age of immature understanding
- 22. Act of a person of unsound mind
- 23. Act of a person incapable of judgment by reason of intoxication caused against his will
- 24. Offence requiring a particular intent or knowledge committed by one who is intoxicated
- 25. Act not intended and not known to be likely to cause death or grievous hurt, done by consent
- 26. Act not intended to cause death, done by consent in good faith for person’s benefit
- 27. Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian
- 28. Consent known to be given under fear or misconception
- 29. Exclusion of acts which are offences independently of harm caused
- 30. Act done in good faith for benefit of a person without consent
- 31. Communication made in good faith
- 32. Act to which a person is compelled by threats
- 33. Act causing slight harm
- 34. Things done in private defence
- 35. Right of private defence of body and of property
- 36. Right of private defence against act of a person of unsound mind, etc
- 37. Acts against which there is no right of private defence
- 38. When right of private defence of body extends to causing death
- 39. When such right extends to causing any harm other than death
- 40. Commencement and continuance of right of private defence of body
- 41. When right of private defence of property extends to causing death
- 42. When such right extends to causing any harm other than death
- 44. Right of private defence against deadly assault when there is risk of harm to innocent person