IPC §105 → BNS §43
Commencement and continuance of the right of private defence of property
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Comparison
105. Commencement and continuance of the right of private defence of property.—The right of private defence of property commences when a reasonable apprehension of danger to the property commences. 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. 1. Ins. by Act 13 of 2013, s. 2 (w.e.f. 3-2-2013). 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.
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.
What changedAI-inferred
IPC 105 and BNS 43 carry the same commencement-and-continuance rule for private defence of property character-identically including all five sub-clauses (general commencement; theft; robbery; criminal trespass / mischief; house-breaking after sunset and before sunrise).
Old position
IPC 105 is concerned with Commencement and continuance of the right of private defence of property. Commencement and continuance of the right of private defence of property
New position
BNS 43 preserves the framework with drafting modernisations as required by the new code. Topic: Commencement and continuance of right of private defence of property. The right of private defence of property,
IPC 105 and BNS 43 carry the same commencement-and-continuance rule for private defence of property character-identically including all five sub-clauses (general commencement; theft; robbery; criminal trespass / mischief; house-breaking after sunset and before sunrise).
Editorial deltaAI-indicated (source-linked)
IPC 105 and BNS 43 carry the same commencement-and-continuance rule for private defence of property character-identically including all five sub-clauses (general commencement; theft; robbery; criminal trespass / mischief; house-breaking after sunset and before sunrise).
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 105 continues to apply. For matters from that date forward, BNS 43 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 43 (Commencement and continuance of right of private defence of property). 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 §105 → BNS §43 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/ipc/105.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.