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BNS Section 43

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Bharatiya Nyaya Sanhita

Reviewed by Advocate Chikirsha Mohanty

BNS Section 43

Commencement and continuance of the right of private defence of property

Section 43 of the Bharatiya Nyaya Sanhita (BNS) deals with the commencement and continuance of the right of private defense of property. 

IPC Section 105

The right of private defence of property,
(a) commences when a reasonable apprehension of danger to the property commences;
(b) 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;
(c) 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;
(d) against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief;
(e) against house-breaking after sunset and before sun rise continues as long as the house-trespass which has been begun by such house-breaking continues.

Example: If an intruder breaks into Vijay's house at night, Vijay's right to defend his property continues as long as the intruder remains in his house.


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