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)
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
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 103 | 41 |
| Offence | When the right of private defence of property extends to causing death | Same |
| Punishment | None. Section 103 IPC creates no offence. | None. Section 41 BNS creates no offence. |
| Fine | None. | Same |
| Bail | Non-Bailable | Same |
| Cognizance | Non-Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
IPC 103 and BNS 41: Bare Act Text Side by Side
Section 103, IPC 1860
Section 41, BNS 2023
Ingredients: IPC 103 vs BNS 41
- The right of private defence of property is being exercised, within the restrictions in Section 99 IPC
- The offence being resisted, or attempted, is one of the four kinds listed in Section 103 IPC
- 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
- The right of private defence of property is being exercised, within the restrictions in Section 37 BNS
- 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
- 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
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 ·