IPC 103→BNS 41

IPC 103 to BNS 41: When the right of private defence of property extends to causing death

Section 103 IPC (1860) replaced by Section 41 BNS (2023)

View IPC Section 103 →View BNS Section 41 →

IPC 103 to BNS 41 at a Glance

Section 103 IPC (When the right of private defence of property extends to causing death) is now Section 41 BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 103 to BNS 41?

Section 41 BNS keeps the four cases but changes some words. It cites the restrictions specified in Section 37 BNS in place of Section 99 IPC, and it lists the cases as clauses a to d. It describes house-breaking by night as house-breaking after sunset and before sunrise. It also extends the third case to mischief by fire or any explosive substance.

IPC 103 vs BNS 41: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section10341
OffenceWhen the right of private defence of property extends to causing deathSame
PunishmentNone. Section 103 IPC creates no offence.None. Section 41 BNS creates no offence.
FineNone.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 103 and BNS 41: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 103, IPC 1860

103. When the right of private defence of property extends to causing death.—The right of private defence of property extends, under the restrictions mentioned in section 99, 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:— First.—Robbery; Secondly.—House-breaking by night; Thirdly.—Mischief by fire 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; Fourthly.—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.
BNS 2023 (in force)

Section 41, BNS 2023

The 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:— (a) robbery; (b) house-breaking after sunset and before sunrise; (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; (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.

Ingredients: IPC 103 vs BNS 41

Under IPC 103
  1. The right of private defence of property is being exercised, within the restrictions in Section 99 IPC
  2. The offence being resisted, or attempted, is one of the four kinds listed in Section 103 IPC
  3. For theft, mischief or house-trespass, the circumstances reasonably cause apprehension that death or grievous hurt will be the consequence if the right is not exercised
Under BNS 41
  1. The right of private defence of property is being exercised, within the restrictions in Section 37 BNS
  2. The offence being resisted, or attempted, is one of the four kinds listed in Section 41 BNS: robbery, house-breaking after sunset and before sunrise, mischief by fire or any explosive substance on a building, tent or vessel used as a human dwelling or for the custody of property, or theft, mischief or house-trespass
  3. For theft, mischief or house-trespass, the circumstances reasonably cause apprehension that death or grievous hurt will be the consequence if the right is not exercised

What IPC 103 to BNS 41 Means for Pending Cases

For Section 103 IPC (now Section 41 BNS): the same four cases apply to a person defending property, with one addition. Mischief by an explosive substance on a dwelling or a place of custody of property now counts like mischief by fire.

FAQs: IPC 103 to BNS 41

What changed when Section 103 IPC became Section 41 BNS?▼

The cross-reference now points to Section 37 BNS, the cases are lettered a to d, house-breaking is timed from sunset to sunrise, and mischief by an explosive substance is added to the fire case.

Where does Section 103 IPC sit in the BNS?▼

In Section 41 BNS, in Chapter III, General Exceptions.

Does Section 103 IPC or Section 41 BNS apply to an act done before 1 July 2024?▼

Section 103 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 103 IPC. Section 41 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·