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INDIAN KANOON SECTION 105 IPC - Indian Penal Code - Commencement and continuance of the right of private defence of property

  • Description

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

    The right of private defence of property against theft continues till the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the property has been recovered.

    The right of private defence of property against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or of instant personal restraint continues.

    The right of private defence of property against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief.

    The right of private defence of property against house-breaking by night continues as long as the house-trespass which has been begun by such house-breaking continues.

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Advocate Arjun Vinod Bobde

  Supreme Court of India
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