55
CAP. 224
Penal Code
2008 Ed.
have been committed; and it continues as long as such apprehension
of danger to the body continues.
[Indian PC 1860, s. 102]
When the right of private defence of property extends to
causing death
103. The right of private defence of property extends, under the
restrictions mentioned in section 99, to the voluntary causing of death
or of any other harm to the wrongdoer, if the offence, the committing
of which, or the attempting to commit which, occasions the exercise of
the right, is an offence of any of the following descriptions:
(a) robbery;
(b) house-breaking by night;
(c) mischief by fire 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.
[Indian PC 1860, s. 103]
When such right extends to causing any harm other than death
104. If the offence, the committing of which, or the attempting to
commit which, occasions the exercise of the right of private defence,
is theft, mischief, or criminal trespass, not of any of the descriptions
enumerated in section 103, that right does not extend to the voluntary
causing of death, but does extend, subject to the restrictions
mentioned in section 99, to the voluntary causing to the wrongdoer
of any harm other than death.
[Indian PC 1860, s. 104]
Informal Consolidation – version in force from 1/4/2015
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