BNS 43 — Commencement and continuance of right of private defence of property.

Bharatiya Nyaya Sanhita, 2023

Statutory text

43. 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  sunrise
continues  as  long  as  the  house-trespass  which  has  been  begun  by
such house-breaking continues.
Right of private defence against deadly assault when there is risk
of harm to innocent person.

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