Section Overview
Section Number:
IPC Section 105
Section Title:
Commencement and Continuance of the Right of Private Defence of Property
Act:
Indian Penal Code, 1860 (IPC)
Status:
Replaced under Bharatiya Nyaya Sanhita (BNS), 2023
Applicability:
IPC Section 105 applies whenever a person claims the right of private defence of property. The section determines the exact point at which this right begins and the circumstances under which it continues or comes to an end.
The provision is important because the right of private defence is not unlimited. Even if a person initially acts lawfully, the protection may cease once the danger has ended. Courts often rely on Section 105 to decide whether force was used during the period when the right of private defence legally existed.
Original Law Text
"The right of private defence of property commences when a reasonable apprehension of danger to the property commences.
The right of private defence of property against theft continues till the offender has effected his retreat with the property or either the assistance of public authorities is obtained, or the property has been recovered.
The right of private defence of property against robbery continues as long as the offender causes or attempts to cause death or hurt or wrongful restraint, or as long as the fear of instant death, hurt, or personal restraint continues.
The right of private defence of property against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief.
The right of private defence of property against house-breaking by night continues as long as the house-trespass begun by such house-breaking continues."
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 105 batata hai ki property ke defence ka right kab start hota hai aur kab khatam hota hai.
Law yeh nahi kehta ki property ke khilaaf offence hote hi aap unlimited time tak force use kar sakte ho.
Har offence ke liye duration alag hai.
For example:
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Theft ke case mein right tab tak continue karta hai jab tak chor property lekar bhaag na jaye ya property recover na ho jaye.
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Robbery ke case mein right tab tak continue karta hai jab tak danger ya fear continue karta hai.
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Criminal trespass ke case mein right tab tak rehta hai jab tak trespass continue ho raha hai.
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House-breaking by night ke case mein right tab tak rehta hai jab tak unlawful entry continue ho.
Simple words mein:
"Private defence ka right permanent nahi hota. Sirf danger ke duration tak hi law protection deta hai."
Legal Definition (Original Law Text)
The right begins when there is a reasonable apprehension of danger to property and continues for different durations depending on the nature of the offence.
Practical Interpretation
Section 105 is one of the most important provisions relating to private defence because it sets the time limits for lawful defensive action.
Courts usually examine:
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When did the threat begin?
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Was there a reasonable apprehension?
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Had the offender already escaped?
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Had the danger ended?
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Was the force used after the right had expired?
A person cannot chase an offender for hours or days and later claim private defence.
The right exists only while the danger legally continues.
Once the threat is over, any further use of force may become unlawful.
Why Was IPC Section 105 Introduced?
The legislature introduced this section to prevent misuse of private defence rights.
Without such limits:
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Individuals might claim self-defence long after an incident.
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Retaliation could be disguised as defence.
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Courts would face uncertainty regarding the duration of legal protection.
The section therefore ensures that private defence remains preventive rather than punitive.
Relationship with IPC Sections 96 to 104
Section 96:
Acts done in private defence are not offences.
Section 97:
Defines the right of private defence of body and property.
Section 99:
Places restrictions on the exercise of the right.
Section 103:
Permits causing death in certain property-related offences.
Section 104:
Permits causing lesser harm in other property offences.
Section 105:
Explains when the right begins and when it ends.
Together, these provisions form the legal framework for private defence of property.
Punishment & Legal Classification
Punishment
IPC Section 105 does not prescribe any punishment.
It is an interpretative and protective provision governing private defence.
Bailable / Non-Bailable
Not applicable.
Section 105 creates no offence.
Cognizable / Non-Cognizable
Not applicable.
Compoundable
Not applicable.
Triable By
Not applicable.
The section itself cannot be independently tried because it merely explains the duration of a legal right.
IPC ↔ BNS Mapping
IPC Section
IPC Section 105
BNS Equivalent
The Bharatiya Nyaya Sanhita, 2023 retains the concept of private defence and continues to provide rules regarding the commencement and continuance of defensive rights.
Status
IPC repealed and replaced by BNS.
However, the underlying principle remains substantially preserved.
Real-Life Examples
Example 1: Theft of a Motorcycle
A thief attempts to steal a motorcycle.
The owner notices the theft and immediately intervenes.
The right of private defence begins as soon as the owner reasonably apprehends danger to the property.
The right continues until:
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The motorcycle is recovered,
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Public authorities intervene, or
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The thief successfully escapes with the vehicle.
Example 2: Robbery at a Jewelry Store
Armed robbers enter a jewelry store and threaten employees.
The owner resists using lawful force.
The right of private defence continues as long as the threat of violence remains.
Once the robbers flee and the danger ends, the right also ends.
Example 3: Criminal Trespass on Land
An individual unlawfully enters private agricultural land and refuses to leave.
The landowner may exercise private defence while the trespass continues.
Once the trespasser leaves the property, the right ends.
Any later attack would not be protected under Section 105.
Landmark Judgments
Case Name:
Darshan Singh v. State of Punjab
Court:
Supreme Court of India
Key Takeaway:
The Supreme Court emphasized that the right of private defence exists only while a reasonable apprehension of danger continues and cannot be transformed into retaliation.
Case Name:
Munshi Ram v. Delhi Administration
Court:
Supreme Court of India
Key Takeaway:
The Court recognized that citizens are not expected to wait for police intervention when immediate danger exists, but defensive action must remain within legal limits.
Case Name:
Yogendra Morarji v. State of Gujarat
Court:
Supreme Court of India
Key Takeaway:
The Court discussed the scope and duration of private defence rights and reiterated that the right ceases when the danger ceases.
Legal Insights
When Is This Section Applied?
Section 105 becomes relevant whenever:
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Theft occurs.
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Robbery occurs.
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Criminal trespass occurs.
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Mischief causes damage to property.
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House-breaking by night occurs.
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Courts assess whether private defence was exercised within the permissible time frame.
Common Misuse Scenarios
Retaliation After Threat Ends
People sometimes attack offenders after they have already escaped.
The right of private defence generally ends once the danger ends.
Delayed Revenge
A later assault cannot be justified under Section 105.
Private defence is preventive, not retaliatory.
Excessive Force After Recovery of Property
Once property is recovered or authorities intervene, the right usually ceases.
Misunderstanding Duration Rules
Different offences have different continuation periods.
The legal duration depends on the nature of the offence.
Defenses Available
Reasonable Apprehension
The accused may show that danger to property genuinely existed.
Continuing Threat
The accused may argue that the offence was still ongoing when force was used.
Immediate Necessity
The accused may establish that immediate action was required.
Lack of Public Assistance
The accused may demonstrate that authorities could not be contacted in time.