Bharatiya Nyaya Sanhita, 2023
BNS Section 43
Commencement and continuance of right of private defence of property
In one line
BNS Section 43 deals with commencement and continuance of right of private defence of property and replaces IPC 105.
Bare act text — BNS 43
43. Commencement and continuance of right of private defence of property.
The right of private defence of property,— (a) commences when a reasonable apprehension of danger to the property commences; (b) 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; (c) 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; (d) against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief; (e) against house-breaking after sunset and before sunrise continues as long as the house-trespass which has been begun by such house-breaking continues.
What changed from the IPC
- IPC 105 → BNS 43: Words "by night" are replaced by "after sunset and before sunrise".
Frequently asked
What was BNS Section 43 in the IPC?
BNS Section 43 (Commencement and continuance of right of private defence of property) replaces Section 105 of the Indian Penal Code, 1860. IPC 105 is now BNS 43.
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Nearby BNS sections
- 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 41 — When right of private defence of property extends to causing death
- BNS 42 — When such right extends to causing any harm other than death
- 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
- BNS 47 — Abetment in India of offences outside India
- BNS 48 — Abetment outside India for offence in India