BNS 41 — When right of private defence of property extends to causing death.

Bharatiya Nyaya Sanhita, 2023

Statutory text

41. 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 sunset and before sunrise;
(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.
When such right extends to causing any harm other than death.

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