Section 103 - When the right of private defense of property extends to causing death | Indian Penal Code, 1860 vs The Bharatiya Nyaya Sanhita, 2023 | LawFinder

Indian Penal Code, 1860

103. When the right of private defense of property extends to causing death

The right of private defense 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 defense is not exercised.

STATE AMENDMENTS

State of Karnataka :

[Vide Karnataka Act No. 8 of 1972, section 2, (w.e.f. 7th. October, 1972)].

(1) 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" insert the words "as a place of worship, or".

(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".

State of Maharashtra :

[Vide Maharashtra Act No. 19 of 1971, section 26, (w.e.f. 31st. December, 1971)].

In section 103, add the following at the end, namely:-

"Fifthly- Mischief by fire or any explosive substance committed on any property used or intended to be used for the purposes of Government or any local authority, statutory body, company owned or controlled by Government, railway or tramway, or on any vehicle used or adapted to be used, for the carriage of passengers for hire or reward".

State of Uttar Pradesh :

[Vide U.P. Act No. 29 of 1970, section 2 (w.e.f. 17th. July, 1970)].

In section 103, after clause fourthly, add the following clause, namely:-

"Fifthly- Mischief by fire or any explosive substance committed on-

(a) Any property used or intended to be used for the purpose of Government, or any local authority or other corporation owned or controlled by the Government, or

(b) any railway as defined in clause (4) of section 3 of the Indian Railways Act, 1890 or railways stores as defined in the Railways Stores (Unlawful Possession) Act, 1955, or

(c) any transport vehicle as defined in clause (33) of section 2 of the Motor Vehicles Act. 1939."

The Bharatiya Nyaya Sanhita, 2023

41. When 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.