SECTION 103 IPC - Indian Penal Code - When the right of private defence of property extends to causing death
Last Updated: 01 Sep, 2024
By Advocate Chikirsha Mohanty
(Words “by night” are replaced by “after sunset and before sunrise” and “Mischief by fire”, replaced by “Mischief by fire or any explosive substance”.)
Please refer to BNS 41 for updated procedures & punishments.
- Robbery;
- House-breaking by night;
- Mischief by fire 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;
- 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.
IPC 103 in Simple Words
In simple words, Section 103 of the Indian Penal Code states that the right of private defense of property allows causing death or harm to the wrongdoer when dealing with specific offenses like robbery, house-breaking by night, mischief by fire on dwellings, or theft/mischief that may cause grievous hurt if the right of private defense is not used, subject to the restrictions in Section 99.
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Frequently Asked Questions
What is IPC 103?
The section 103 lists the situations in which the right to defend property can extend to causing death. Robbery is the first. The second clause of this section refers to housebreaking at night. However, it does not mention lurking house-trespass at night. This is just as serious as housebreaking.
What is the 103 law code?
If the right to private defense is not exercised, then it may be reasonable to fear that there will be death or serious injury as a result of a theft, mischief or house-trespass.
What is 104 IPC?
Section 104 applies if the wrongdoers commit or try to commit one of the following crimes: (1) theft; (2) mischief, or trespass, not covered by section 103. This is subject to the restrictions in section 99. In such a situation, the right to private defense of property will be...