Section 43 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 43 of the Bharatiya Nyaya Sanhita (BNS), 2023, delineates the commencement and continuance of the right of private defence of property. This section parallels Section 105 of the Indian Penal Code (IPC), 1860, and outlines the circumstances under which individuals may lawfully defend their property.
Key Provisions of Section 43:
Commencement of Right: The right to defend property arises when there is a reasonable apprehension of danger to the property
Continuance of Right:
Against Theft: The right continues until the offender has retreated with the property, assistance from public authorities is obtained, or the property is recovered.
Against Robbery: The right persists as long as the offender attempts or causes death, hurt, or wrongful restraint, or as long as the fear of such harm continues.
Against Criminal Trespass or Mischief: The right continues as long as the offender is engaged in the commission of criminal trespass or mischief.
Against House-Breaking (After Sunset and Before Sunrise): The right continues as long as the house-trespass initiated by the house-breaking continues.
These provisions ensure that individuals have the legal right to protect their property from unlawful interference, provided the response is proportionate and within the bounds of the law.
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