IPC Section 105 — Commencement and continuance of the right of private defence of property

Summary

The right to defend your property begins as soon as you have a reasonable fear that your property is in danger. This right continues as long as that reasonable fear of danger lasts.

Official Text

The right of private defence of property commences when a reasonable apprehension of danger to the property commences.

Related Judgments

• BISHNA@ BHISWADEB MAHATO AND ORS. vs STATE OF WEST BENGAL — Supreme Court of India (2005)
• EX. CT. MAHADEV vs THE DIRECTOR GENERAL, BOARDER SECURITY FORCE & ORS — Supreme Court of India (2022)
• NAVEEN CHANDRA vs STATE OF UTTRANCHAL — Supreme Court of India (2006)
• SHIVANNA AND ORS. vs STATE OF KARNATAKA — Supreme Court of India (2006)
• SIKANDAR SINGH & ORS. vs STATE OF BIHAR — Supreme Court of India (2010)
• RAJESH KUMAR ETC. vs DHARAMVIR AND ORS — Supreme Court of India (1997)

Old <-> New Code Mapping

• BNS §43 — Commencement and continuance of right of private defence of property