BNS · Bharatiya Nyaya Sanhita, 2023

Section 43 BNS

Commencement and continuance of right of private defence of property

Offence

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.

Punishment summary

  • Punishment may include death.
← Sec. 42 All sections Sec. 44 →

FAQ — Section 43 BNS

Section 43 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with “Commencement and continuance of right of private defence of property”. This page explains the offence (if any), punishment, and links to Vaksera petition formats.

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 inst

No. Vaksera provides a drafting reference and petition formats only. Always verify the current bare act and local court practice.

Statute summaries on Vaksera are for advocate drafting reference only, not legal advice. Verify the current bare act and court rules before filing.