Bharatiya Nyaya Sanhita, 2023
BNS Section 41
When right of private defence of property extends to causing death
In one line
BNS Section 41 deals with when right of private defence of property extends to causing death and replaces IPC 103.
Bare act text — BNS 41
41. When right of private defence of property extends to causing death.
The right of private defence of property extends, under the restrictions specified in section 37, 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: — (a) robbery; (b) house-breaking after sunset and before sunrise; (c) mischief by fire or any explosive substance 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.
What changed from the IPC
- IPC 103 → BNS 41: Words "by night" are replaced by "after sunset and before sunrise" and "Mischief by fire", replaced by "Mischief by fire or any explosive substance".
Frequently asked
What was BNS Section 41 in the IPC?
BNS Section 41 (When right of private defence of property extends to causing death) replaces Section 103 of the Indian Penal Code, 1860. IPC 103 is now BNS 41.
Still citing the IPC? Convert any old section in seconds, or keep the whole case — dates, clients and sections — in one diary.
Nearby BNS sections
- BNS 36 — Right of private defence against act of a person of unsound mind, etc
- BNS 37 — Acts against which there is no right of private defence
- BNS 38 — When right of private defence of body extends to causing death
- BNS 39 — When such right extends to causing any harm other than death
- BNS 40 — Commencement and continuance of right of private defence of body
- BNS 42 — When such right extends to causing any harm other than death
- BNS 43 — Commencement and continuance of right of private defence of property
- BNS 44 — Right of private defence against deadly assault when there is risk of harm to innocent person
- BNS 45 — Abetment of a thing
- BNS 46 — Abettor