Indian Penal Code 1860
Section 103 :
When the right of private defense of property extends to causing death:
(See section 41 of BNS 2023)
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 for house-trespass, under such circumstances as may reasonable cause apprehension that death or grievous hurt will be the consequence, if such right of private defense is not exercised.
State Amendment :
Maharashtra :
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 any 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.
[Vide Maharashtra Act No. 19 of 1971, Section 26 w.e.f. 31.12.1971].
Karnataka :
(1) In section 103, 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” the words “as a place of worship, or” shall be inserted.
(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”.
[Vide Karnataka Act 8 of 1972, sec. 2].
Uttar Pradesh :
In section 103, after clause fourthly, add the following clause, 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 or other corporation owned or controlled by Government, or any railway as defined in clause (4) of section 3 of the Indian Railways Act, 1980 or railways stores as defined in the Railways Stores (Unlawful Possession) Act, 1955, or any transport vehicle as defined in *clause (33) of section 2 of the Motor Vehicles Act, 1939.(clause(47) of sec.2 of the Motor Vehicles Act, 1988)
[Vide U.P. Act No. 29 of 1970, Section 2 w.e.f. 17.7.1970]
