Bharatiya Nyaya Sanhita, 2023 · Chapter III: General Exceptions · Of right of private defence
Section 43: Commencement and continuance of right of private defence of property
In plain words
This section says when the right to defend property starts and how long it lasts.
- It starts when there is a reasonable fear of danger to the property.
- Against theft, it lasts until the thief gets away with the property, help from the authorities is obtained, or the property is recovered.
- Against robbery, it lasts while the offender causes or attempts death, hurt or wrongful restraint, or while fear of instant death, hurt or restraint continues.
- Against criminal trespass or mischief, it lasts while the trespass or mischief continues.
- Against house-breaking after sunset and before sunrise, it lasts while the house-trespass continues.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 43
No Supreme Court judgment in our database cites this section yet.