BNS Section 41 — When right of private defence of property extends to causing death

CHAPTER III GENERAL EXCEPTIONS — Of right of private defence

General

Summary

The right of private defence of property allows a person to voluntarily cause the death of, or any other harm to, the wrong-doer, but only under the restrictions mentioned in section 37. This applies when the offence that triggers the exercise of this right is one of the specific types listed below.

Under clause (a), the offence may be robbery.

Under clause (b), the offence may be house-breaking that takes place after sunset and before sunrise.

Under clause (c), the offence may be mischief by fire or by any explosive substance, committed on any building, tent, or vessel that is used either as a human dwelling or as a place for the custody of property.

Under clause (d), the offence may be theft, mischief, or house-trespass, committed under circumstances that would reasonably cause apprehension that death or grievous hurt will result if the right of private defence is not exercised.

Official Text

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.

Related Judgments

  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
  • SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
  • SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
  • SC (2025) Vol.2 p.80 — Supreme Court of India (2025)
  • SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • IPC §103 — When right of private defence of property extends to causing death