Bharatiya Nyaya Sanhita, 2023
Section 43, BNS: Commencement and continuance of right of private defence of property
Section 43 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 43 | Section 105 | corresponds |
From the Bureau of Police Research and Development's official comparison summary (source below). The whole table: IPC to BNS.
The section
43. Commencement and continuance of right of private defence of property.
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.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 43 (read 1 September 2026)
- Bureau of Police Research and Development: comparison summary, BNS to IPC (read 1 September 2026)