Vidhara

The Indian Penal Code, 1860

§105Commencement 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.

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Official text: India Code (official)

Official India Code text: The Indian Penal Code, 1860 (45 of 1860), English PDF (A1860-45.pdf) retrieved via Internet Archive Wayback Machine snapshot 2020-04-21 of indiacode.nic.in (portal unreachable from ingest network). Extracted via pdftotext 26.07 -bbox and @nexlex/ingest inline parser on 2026-07-15. Repealed by BNS 2023 w.e.f. 2024-07-01. Automated parse; footnotes/amendment history excluded; illustrations restored via illustration-aware re-extraction on 2026-07-19; spot-verified; full clause-level proofread pending. Eleven State-inserted sections that had been published as central law were removed on 2026-08-02 after the D-052 guard identified them: 354E, 376F, 509A and 509B (Chhattisgarh Act 25 of 2015), 379A and 379B (Gujarat Act 6 of 2019) and 382B-382F (Tripura Act 4 of 2019). They are now recorded as State amendments against the sections they attach to, not as sections of the Code (D-053).

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