Vidhara

The Bharatiya Nyaya Sanhita, 2023

§43Commencement 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.

Old law ⇄ new law

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Source & version

Official text: Gazette of India via MHA (official)

Official Gazette text: The Bharatiya Nyaya Sanhita, 2023 (45 of 2023), English PDF as hosted by Ministry of Home Affairs (mha.gov.in, file 250883_english_01042024.pdf; canonical mirror indiacode.nic.in bitstream a202345.pdf). Extracted via pdftotext 26.07 -layout and @nexlex/ingest gazette-pdf parser on 2026-07-14. Automated parse; structural validation + spot verification of sections 1, 63, 103, 302, 358; full clause-level proofread pending.

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