IPC § 105 · Indian Penal Code, 1860 · Repealed on 1 July 2024
Section 105 IPC — Commencement and continuance of the right of private defence of property
Replaced from 1 July 2024 by BNS 43 of the Bharatiya Nyaya Sanhita, 2023. Offences committed on or before 30 June 2024 are still charged under the IPC.
The law now: BNS 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.
Source: India Code (indiacode.gov.in). The Gazette of India is the authoritative text. BNS 43 in full