Commencement and continuance of the right of private defence of property
AI Assist
Summary
Private defence of property begins when a reasonable apprehension of danger to the property arises. It continues differently by offence: for theft until the offender retreats with the property, authorities assist, or the property is recovered; for robbery while the offender causes or attempts death, hurt or wrongful restraint or while fear of instant death, hurt or restraint remains. For criminal trespass or mischief it lasts while the offender continues the act; for house-breaking at night it lasts while the house-trespass begun by that breaking continues.
Example
Meera wakes at midnight to find two people breaking her window and entering her house. She may use private defence of property and continue to resist as long as the intruders remain in the house-trespass started by that night house-breaking. Once they leave and the trespass ends, her right to use force ends.
Bare Act
Enacted textThe right of private defence of property,
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(a) commences when a reasonable apprehension of danger to the property commences;
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(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;
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(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;
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(d) against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief;
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(e) against house-breaking after sunset and before sun rise continues as long as the house-trespass which has been begun by such house-breaking continues.
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