Indian Penal Code, 1860

When the right of private defence of property extends to causing death.—

Section

103

Punishment

Depends on original offence

Cognizable

Depends on original offence

Bailable

Depends on original offence

Compoundable

Non-Compoundable (Refer to CrPC 320 for exceptions)

Trial Court

Depends on original offence

Bare Act Text

103. When the right of private defence of property extends to causing death.— 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 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:—(First)— Robbery;(Secondly)— House-breaking by night;(Thirdly)— 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;(Fourthly)— 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.
According to the official bare act, this legal offense is defined as: 103. When the right of private defence of property extends to causing death.— 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 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:—(First)— Robbery;(Secondly)— House-breaking by night;(Thirdly)— 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;(Fourthly)— 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 punishment for this specific offense is outlined under the law as: Depends on original offence
Under the Indian Penal Code, this specific offense is classified as a Depends on original offence offense.
The legal status regarding police arrest without a warrant is that this offense isDepends on original offence.
Cases pertaining to this specific IPC section are triable by the Depends on original offence.
The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to CrPC 320 for exceptions).

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