When right of private defence of property extends to causing death
What this section does
This section specifies the circumstances under which the right of private defence of property extends to causing death or any other harm to the wrongdoer. It applies when the offence triggering the right falls into one of four enumerated categories: robbery, nocturnal house-breaking, fire/explosive mischief on a dwelling or property-custody place, or theft/mischief/house-trespass that reasonably causes apprehension of death or grievous hurt. The right is subject to the restrictions in section 37.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Derived from IPC s.103.
Read the official text
For the binding statutory text of BNS Section 41, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 41 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.