BNS Section 41

BNS section 41, pertaining to the Bharatiya Nyaya Sanhita (BNS) of 2023, outlines the circumstances under which the right of private defense of property extends to causing death.

IPC Section 103

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 sun set and before sun rise;
(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.

Example 1: Rahesh is trying to set Vijay's house on fire. Here, Vijay can use deadly force to stop Rakesh without being held guilty. 

Explore the comprehensive list of all sections under the Bharatiya Nyaya Sanhita (BNS). Our detailed guide provides a complete overview of each section to help you understand Indian law better.