Section 41 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 41 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the circumstances under which the right of private defence of property extends to causing death. This provision is aligned with Section 103 of the Indian Penal Code (IPC), 1860.
Key Provisions of Section 41
Under Section 41, the right of private defence of property extends to the voluntary causing of death or any other harm to the wrongdoer, provided the following conditions are met:(
Offence Committed or Attempted: The offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, must be one of the following:
Robbery: The unlawful taking of property with force or threat of force
House-breaking after sunset and before sunrise: Breaking into a house during the night.
Mischief by fire or explosive substance: Causing damage by fire or explosives to a building, tent, or vessel used as a human dwelling or for the custody of property.
Theft, mischief, or house-trespass: Under circumstances that reasonably cause apprehension that death or grievous hurt will be the consequence if the right of private defence is not exercised.)
Restrictions Specified in Section 37: The exercise of the right is subject to the restrictions outlined in Section 37 of the BNS, 2023
Legal Correspondence
This section corresponds to Section 103 of the Indian Penal Code, 1860, which similarly provides for the right of private defence of property extending to causing death under specified conditions.
Summary
Section 41 of the BNS, 2023, codifies the circumstances under which an individual may exercise the right of private defence of property to the extent of causing death, aligning with the provisions of the IPC and reinforcing the legal framework for self-defence in property-related offences.
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