Bharatiya Nyaya Sanhita, 2023
Section 41, BNS: When right of private defence of property extends to causing death
Section 41 of the Bharatiya Nyaya Sanhita, 2023, in the Act's own words, with the IPC provision it replaces.
What it replaces
| BNS provision | IPC provision | Relation |
|---|---|---|
| Section 41 | Section 103 | corresponds |
From the Bureau of Police Research and Development's official comparison summary (source below). The whole table: IPC to BNS.
The section
41. 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 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.The text is India Code's consolidated text as loaded into Pundora's statute corpus on 1 September 2026. A section quoted in a draft checked by Pundora is checked against this text.
Sources
- India Code: Bharatiya Nyaya Sanhita, 2023, section 41 (read 1 September 2026)
- Bureau of Police Research and Development: comparison summary, BNS to IPC (read 1 September 2026)