Extension Of Right Of Private Defence Until Causing Death

The right of personal defense of property extends to voluntary cause of death or to any other harm to the wrong-doer, subject to the restrictions set forth in section 99, if the offense of, the commission of which, or attempts to commit, the rights of opportunity is an offense to any of the descriptions hereinafter mentioned, namely-

First- robbery.

Second-house breaking in the night.

Third-mischief by fire committed on a building, tent or vessel, which building, tent or vessel is used as a human dwelling, or as a place for the custody of property;

Fourth – Theft, mischief, or house-trespass, under such circumstances, as may reasonably cause apprehension that death or grievous hurt will be the consequence of such right of private defence is not exercised.

(a) Karnataka

(1) In section 103, in the case third-

(i) after the words "mischief by fire" the words "any explosive substance" shall be inserted.

(2) In the case fourth, the following clause will be inserted-

“Fifth– Mischief by fire or any explosive substance committed on any property used or intended to be used for Government or any local authority, statutory body or company-owned or controlled by Government or railway or any vehicle used or adapted to be used for the carriage of passengers for hire or reward”.

Vide Karnataka Act No. 8 of 1972, sec. 2, (w.e.f. 7-10-1972)

Fifth, Mischief by fire or any explosive substance committed on any property used or intended to be used for the purposes of Government or any local authority, statutory body, company-owned or controlled by Government, railway or tramway, or on any vehicle used or adapted to be used, for the carriage of passengers for hire or reward”.

In section 103, add the following clause,

Fifth, Mischief by fire or any explosive substance committed on-

(a) any property used or intended to be used for the Government, or any local authority or other corporation owned or controlled by the Government, or

(b) any railway as defined in clause (4) of section 3 of the Indian Railways Act, 1890 or a railway store defined in the Railway Stores (Unlawful Possession) Act, 1955, or

(c) any transport vehicle as defined in clause (33) of section 2 of the Motor Vehicles Act, 1939.”

Vide U.P. Act No. 29 of 1970, sec. 2 (w.e.f. 17-7-1970)

Through this section, we can understand that this section talks exclusively about the private defence of the property only. This section states the circumstances under which the defender is entitled to the death of the wrong-doer while exercising the right of private defence of property. In the case of commission of the offence of robbery or its attempt the defence extends to cause even death of the wrong-doer. This right also extends to the case of breaking in the house at night.