The right of private defense of property extends, under the restrictions mentioned in section 99, to the voluntary causing of death or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter enumerated, namely:-

First-  Robbery;

Secondly-   House-breaking by night;

Thirdly. – Mischief by fire committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or as a place for the custody of property;

Fourthly-   Theft, mischief, or house-trespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defense is not exercised.

STATE AMENDMENTS

State of Karnataka :

[Vide Karnataka Act No. 8 of 1972, section 2, (w.e.f. 7th. October, 1972)].

(1) In clause Thirdly,-

(i) after the words “mischief by fire”, the words “or any explosive substance” shall be inserted;

(ii) after the words “as a human dwelling, or” insert the words “as a place of worship, or”.

(2) After clause Fourthly, the following clause shall be inserted, namely:-

“Fifthly- Mischief by fire or any explosive substance committed on any property used or intended to be used for the purpose of Government or any local authority, statutory body or company owned or controlled by Government or railway or any vehicle used or adapted to be used for the carriage of passengers for hire or reward”.

State of Maharashtra :

[Vide Maharashtra Act No. 19 of 1971, section 26, (w.e.f. 31st. December, 1971)].

In section 103, add the following at the end, namely:-

“Fifthly- Mischief by fire or any explosive substance committed on any property used or intended to be used for the purposes of Government or any local authority, statutory body, company owned or controlled by Government, railway or tramway, or on any vehicle used or adapted to be used, for the carriage of passengers for hire or reward”.

State of Uttar Pradesh :

[Vide U.P. Act No. 29 of 1970, section 2 (w.e.f. 17th. July, 1970)].

In section 103, after clause fourthly, add the following clause, namely:-

“Fifthly- Mischief by fire or any explosive substance committed on-

(a) Any property used or intended to be used for the purpose of Government, or any local authority or other corporation owned or controlled by the Government, or

(b) any railway as defined in clause (4) of section 3 of the Indian Railways Act, 1890 or railways stores as defined in the Railways Stores (Unlawful Possession) Act, 1955, or

(c) any transport vehicle as defined in clause (33) of section 2 of the Motor Vehicles Act. 1939.”

Explanatory Video on Section – 103. When the right of private defense of property extends to causing death

Notes on Section – 103. When the right of private defense of property extends to causing death

Questions on Section – 103. When the right of private defense of property extends to causing death

 

Juris Crack provide free law notes , free video lecture , relevant mock questions , past MCQ question and legal news on Indian Penal Code 1860. One stop destination for llb students, judicial service examination preparation , civil judge preparation , law officer courses , apo preparation , clat ug and pg test preparation. We provide notes on all legal topics , past years questions and preparation strategy. Our Bilingual teaching materials help all law students to plan better for their examination. Juris Crack resource are mostly free to use and download, so that community of law students get quality materials. Become member of Juris Crack Law Community.

 

Section – 103. When the right of private defense of property extends to causing death-. Bare Act of Indian Penal Code 1860 on JurisCrack with Case Laws and Video lecture

 

No comment

Leave a Reply

Your email address will not be published.