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Do you know about section 103 of Indian Penal code Code.


The right to private defence of property extends for which offence under section 103 of IPC. 

The provision right to private defence of property extends under section 103 Of IPC are given below-

  •  When the right of private defence of property extends to causing death.—The right of private defence 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—

                 (a) Robbery.

                 (b) House-breaking by night;

                 (c) 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.

                (d) 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 defence is not exercised.

Illustration :  A the decreased worker and some of his calleagues were shouting slogans in support of their demands outside the factory.

Some bricks bats were  also thrown by them which were damaging the property of B who is the accused owner who finds two shots and killed A . Now it is a case of simple mischief being committed by the worker including A,B not entitled to claim right of private  defence v/s 103 of the code.

Case law :

Mithu Pandey v. State: Two persons armed with ‘tangi’ and ‘danta’ respectively were supervising collection of fruit by labourers from the trees which were in the possession of the accused persons who protested against the illegal act. In the altercation that followed one of the accused suffered multiple injuries because of the assault. The accused used force resulting in death. The Patna High Court held that the accused were entitled to the right of private defence even to the extent of causing death as the forth clause of this section was applicable.

 Jassa Singh v. State of Haryana: the Supreme Court held that the right of private defence of property will not extend to the causing of death of the person who committed such acts if the act of trespass is in respect of an open land. Only a house- trespass committed under such circumstances as may reasonably cause death or grievous hurt is enumerated as one of the offences under section 103.

                          ______



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