SECTION 105 IPC - Indian Penal Code - Commencement and continuance of the right of private defence of property
Last Updated: 01 Apr, 2024
By Advocate Chikirsha Mohanty
Table of Contents
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.
IPC 105 in Simple Words
In simple words, Section 105 of the Indian Penal Code states that the right to defend one's property starts when there is a reasonable fear of danger to the property and continues until the threat is no longer present, depending on the type of offense.
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Frequently Asked Questions
What is the IPC section 105?
Section 105: Beginning and continuation of the right of private defence of property. Indian Penal Code provisions relating to the right of private defense of property. When there is a reasonable suspicion of danger, the right to private defence of property will be triggered. 24 Jun 2023
What is the section 105?
The right to defend your property against robbery is valid as long the perpetrator causes or tries to cause death, injury or wrong restraint to anyone or as long the person fears instant death, instant injury or instant restraint.
What is 106 of IPC?
IPC Section 106: Right to private defense against deadly assaults when there is a risk of harming innocent persons