Bailabel Type : non-bailable
Description
"The right of private defence of property commences when a reasonable apprehension of danger to the property commences. It continues—
- against theft, 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;
- against robbery, 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, hurt, or personal restraint continues;
- against criminal trespass or mischief, as long as the offender continues in the commission of criminal trespass or mischief;
- against house-breaking by night, as long as the house-trespass which has been begun by such house-breaking continues."
When Self-Defense of Property Begins and Ends Under Section 105 IPC:
1. Against Theft
- Begins: As soon as the owner reasonably believes that their property is in danger of being stolen.
- Ends: When the thief has successfully escaped with the stolen property, or the property is recovered, or police intervention occurs.
- Example: If someone tries to steal a parked car, the owner can stop them using force, but once the thief escapes with the car, the owner can no longer claim private defense.
2. Against Robbery
- Begins: The moment a person is attacked by a robber with force or violence.
- Ends: When the robber stops using force or stops causing harm.
- Example: If a robber is holding a knife to a shopkeeper’s throat demanding money, the shopkeeper can use force in self-defense until the robber stops threatening him.
3. Against Criminal Trespass or Mischief
- Begins: As soon as someone enters another person's property without permission or tries to cause damage.
- Ends: When the trespasser or mischief-doer leaves or is removed.
- Example: If a group of people forcibly enter someone's house, the owner can push them out and stop them as long as they remain inside. However, once they leave, the owner cannot continue attacking them.
4. Against House-Breaking by Night
- Begins: The moment a person illegally enters a house at night.
- Ends: As long as the trespasser remains inside.
- Example: If a thief breaks into a house at 2 AM, the owner can attack the thief while he is inside, but not after the thief has run away.
Punishment
Punishment Under Section 105 IPC
Section 105 IPC does not prescribe any punishment because it is only a rule defining when self-defense begins and ends.
?? However, if a person misuses self-defense, they can be punished under different IPC sections:
| Action Taken in Self-Defense | Relevant IPC Section | Punishment |
|---|
| Causing Simple Hurt | Section 323 IPC | Up to 1 year imprisonment or ?1,000 fine, or both |
| Causing Grievous Hurt | Section 325 IPC | Up to 7 years imprisonment and fine |
| Hurt using dangerous weapons | Section 326 IPC | Up to 10 years imprisonment and fine |
| Killing in excessive self-defense (not justified under Section 105 IPC) | Section 304 IPC (Culpable Homicide) | Up to 10 years or life imprisonment |
| Murder in the name of self-defense (not justified under Section 105 IPC) | Section 302 IPC (Murder) | Death sentence or life imprisonment |
