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.
What is IPC Section 105 ?
According to the official bare act, this legal offense is defined as: 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.
What is the punishment for Dhara 105 ?
The punishment for this specific offense is outlined under the law as: Depends on original offence
Is IPC 105 bailable or non-bailable?
Under the Indian Penal Code, this specific offense is classified as a Depends on original offence offense.
Is Dhara 105 a cognizable offense?
The legal status regarding police arrest without a warrant is that this offense isDepends on original offence.
Which court has the jurisdiction to try IPC 105 cases?
Cases pertaining to this specific IPC section are triable by the Depends on original offence.
Can IPC Section 105 be compromised (Compoundable)?
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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Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.