IPC Section 103 - When the right of private defence of property extends to causing death

The right of private defence 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 defence is not exercised.

STATE AMENDMENTS

Karnataka

(1) In section 103, 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” the words “as a place of worship, or” shall be inserted.

(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.

[Vide Karnataka Act 8 of 1972, sec. 2, (w.e.f. 7-10-1972)].

[Corresponding Provision in BNS: Section 41 Bharatiya Nyaya Sanhita, 2023]