Indian Penal Code, 1860
Commencement and continuance of the right of private defence of property.—
Section
105
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
105. Commencement and continuance of the right of private defence of property.—
The right of private defence of property commences when a reasonable apprehension of danger to the property commences.The right of private defence of property 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.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.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.The right of private defence of property against house-breaking by night continues as long as the house-trespass which has been begun by such house-breaking continues.