When the right of private defence of property extends to causing death
AI Assist
Summary
When someone is committing or attempting certain property offences, such as robbery, house-breaking at night, setting fire or using explosives on a dwelling or on a place where property is kept, or theft/mischief/house-trespass likely to cause death or grievous hurt, a person may use private defence even to the point of causing death. That power is subject to the usual legal limits on private defence.
Example
Rohan wakes to find a person breaking into his house after sunset and trying to set fire to the room where his valuables are kept. Fearing death or grievous hurt, Rohan may use private defence even if it results in the intruder's death, subject to legal limits.
Bare Act
Enacted textThe right of private defence of property extends, under the restrictions specified in section 37, 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:
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(a) robbery;
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(b) house-breaking after sun set and before sun rise;
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(c) mischief by fire or any explosive substance 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;
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(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.
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