Penal Code 2008 Ed. CAP. 224 56 Commencement and continuance of the right of private defence of property 105.—(1) The right of private defence of property commences when a reasonable apprehension of danger to the property commences. (2) The right of private defence of property against theft continues till the offender has effected his retreat with the property, or till the assistance of the public authorities is obtained, or till the property has been recovered. (3) 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. (4) 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. (5) The right of private defence of property against house-breaking by night continues as long as house-trespass which has been begun by such house-breaking continues. [Indian PC 1860, s. 105] Right of private defence against a deadly assault when there is risk of harm to an innocent person 106. If, in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender is so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk. Illustration A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children. [Indian PC 1860, s. 106] Informal Consolidation – version in force from 1/4/2015

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