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

The Indian Penal Code, 1860Central Act · Act 45 of 1860

Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it. Repealed by the Bharatiya Nyaya Sanhita, 2023, with effect from 1 July 2024

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].

Where this provision sits

ActThe Indian Penal Code, 1860
Section103
Marginal noteWhen the right of private defence of property extends to causing death
JurisdictionCentral
StatusRepealed
Judgments citing it2

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