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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