Code: Section 43 BNS
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.
Explanation of Section 43 BNS
Section 43 of the Bharatiya Nyaya Sanhita (BNS) defines when the right of private defense of property begins and when it ends. This section ensures that individuals can protect their property only when there is an immediate and ongoing threat. The right does not exist indefinitely but only as long as the threat persists.
Key Takeaways:
- Right Begins with Threat or Attempt: The right of private defense starts as soon as there is a reasonable apprehension of danger.
- Right Continues Based on Offense Type: Different property offenses (like theft, robbery, trespass, mischief, and house-breaking) allow self-defense for different durations.
- Ends When Threat is Over: Once the offender retreats or assistance from law enforcement is available, the right ceases.
Illustrations
Example 1: Theft
A thief snatches a purse from a woman in a marketplace and starts running away. She chases him, shouting for help. If she catches him before he has fully escaped, she has the right to use reasonable force to recover her property.
✅ Allowed under Section 43(2) – The right continues until the thief has successfully retreated.
Example 2: Robbery
Two men break into a shop and, while stealing, threaten the shopkeeper with a knife. The shopkeeper grabs a rod and fights back to defend his property and life.
✅ Allowed under Section 43(3) – The right of private defense exists as long as the robbers use violence or intimidation.
Example 3: Trespass and Mischief
A person jumps over a house wall and starts breaking flower pots and damaging property. The owner notices and pushes him off the wall.
✅ Allowed under Section 43(4) – The right to defense exists while the trespasser is committing mischief.
Example 4: House-Breaking by Night
An intruder enters a home through a window at midnight. The owner sees him and uses a stick to drive him out.
✅ Allowed under Section 43(5) – The right of private defense continues as long as the unlawful entry is ongoing.
Common Questions & Answers on Section 43 BNS
1. Can I attack a thief after they have run away?
No. The right of private defense ends once the thief has retreated with the stolen property or police assistance is available (Section 43(2)).
2. Can I use force against someone trespassing on my land?
Yes, but only while the trespasser is still on the property or causing mischief (Section 43(4)). Once they leave, the right ends.
3. Does this section allow me to use weapons?
It depends. The force used must be proportionate to the threat. If the offense is severe (e.g., robbery or house-breaking at night), stronger force may be justified.
4. What if the thief returns stolen goods voluntarily?
If the stolen property is returned, the right to private defense ends immediately, and legal action should be taken instead.
5. Can I shoot a burglar at night?
Not necessarily. Section 43(5) allows defense against house-breaking at night only while it is occurring. Deadly force may be justified under Section 41 BNS if life is in danger.
Conclusion
Section 43 BNS ensures individuals have the right to protect their property only while an active threat exists. The force used must be proportionate, and once the threat ceases, legal remedies should be pursued instead of personal retaliation.
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