Commencement and continuance of the right of private defence of property
AI Assist
Summary
A person may begin private defence of property as soon as a reasonable apprehension of danger to the property arises. Against theft it lasts until the thief has escaped with the property, police help is obtained, or the property is recovered. For robbery it continues while the robber causes or attempts death, hurt or wrongful restraint or while the fear of instant death, hurt or restraint remains; for criminal trespass or mischief it lasts while the offender is committing the act; for night house-breaking it lasts while the house-trespass begun by that breaking continues.
Example
Ravi sees someone breaking into his house at night and trying to take his motorbike. He may use private defence from the moment he reasonably fears danger; the right continues while the intruder is carrying off the bike or until police arrive or the bike is recovered. If the intruder tries to hurt Ravi, the defence may continue while the threat or attempt to cause hurt continues.
Bare Act
Enacted textThe 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 the 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 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.
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 which has been begun by such house-breaking continues.
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