IPC §103 → BNS §41
When the right of private defence of property extends to causing death
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Comparison
103. When the right of private defence of property extends to causing death.—The right of private defence of property extends, under the restrictions mentioned in section 99, 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:— First.—Robbery; Secondly.—House-breaking by night; Thirdly.—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; Fourthly.—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.
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.
What changedAI-inferred
IPC 103 and BNS 41 carry the same rule character-identically: private defence of property extends to causing death only for the four enumerated offences (robbery; house-breaking after sunset and before sunrise; arson on dwelling/property-custody building; theft/mischief/house-trespass with apprehension of death/grievous hurt).
Old position
IPC 103 is concerned with When the right of private defence of property extends to causing death. When the right of private defence of property extends to causing death
New position
BNS 41 preserves the framework with drafting modernisations as required by the new code. Topic: When right of private defence of property extends to causing death. 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
IPC 103 and BNS 41 carry the same rule character-identically: private defence of property extends to causing death only for the four enumerated offences (robbery; house-breaking after sunset and before sunrise; arson on dwelling/property-custody building; theft/mischief/house-trespass with...
Editorial deltaAI-indicated (source-linked)
IPC 103 and BNS 41 carry the same rule character-identically: private defence of property extends to causing death only for the four enumerated offences (robbery; house-breaking after sunset and before sunrise; arson on dwelling/property-custody building; theft/mischief/house-trespass with apprehension of death/grievous hurt).
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 103 continues to apply. For matters from that date forward, BNS 41 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNS 41 (When right of private defence of property extends to causing death). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Penal Code, 1860
- Gazette of India — Bharatiya Nyaya Sanhita, 2023
Cite this page
Newlaws.in, IPC §103 → BNS §41 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/ipc/103.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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