IPC 105→BNS 43

IPC 105 to BNS 43: Commencement and continuance of the right of private defence of property

Section 105 IPC (1860) replaced by Section 43 BNS (2023)

View IPC Section 105 →View BNS Section 43 →

IPC 105 to BNS 43 at a Glance

Section 105 IPC (Commencement and continuance of the right of private defence of property) is now Section 43 BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 105 to BNS 43?

Section 43 BNS keeps the five rules but sets them out as one sentence with clauses a to e, in place of five separate sentences. It describes house-breaking by night as house-breaking after sunset and before sunrise.

IPC 105 vs BNS 43: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section10543
OffenceCommencement and continuance of the right of private defence of propertySame
PunishmentNone. Section 105 IPC creates no offence.None. Section 43 BNS creates no offence.
FineNone.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 105 and BNS 43: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 105, IPC 1860

105. Commencement and continuance of the right of private defence of property.—The 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.
BNS 2023 (in force)

Section 43, BNS 2023

The right of private defence of property,— (a) commences when a reasonable apprehension of danger to the property commences; (b) 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; (c) 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; (d) against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief; (e) against house-breaking after sunset and before sunrise continues as long as the house-trespass which has been begun by such house-breaking continues.

Ingredients: IPC 105 vs BNS 43

Under IPC 105
  1. There is a reasonable apprehension of danger to the property
  2. Against theft, the right lasts till the offender has retreated with the property, or the public authorities help, or the property is recovered
  3. Against robbery, the right lasts while the offender causes or attempts to cause death, hurt or wrongful restraint, or the fear of instant death, hurt or restraint continues
  4. Against criminal trespass or mischief, the right lasts as long as the offender continues in it
  5. Against house-breaking by night, the right lasts as long as the house-trespass begun by it continues
Under BNS 43
  1. There is a reasonable apprehension of danger to the property
  2. Against theft, the right lasts till the offender has effected his retreat with the property, or the assistance of the public authorities is obtained, or the property is recovered
  3. Against robbery, the right lasts while the offender causes or attempts to cause death, hurt or wrongful restraint, or the fear of instant death, hurt or restraint continues
  4. Against criminal trespass or mischief, the right lasts as long as the offender continues in it
  5. Against house-breaking after sunset and before sunrise, the right lasts as long as the house-trespass begun by it continues

What IPC 105 to BNS 43 Means for Pending Cases

For Section 105 IPC (now Section 43 BNS): nothing changes in when the right of private defence of property begins or ends. Section 43 BNS gives the same five rules, in clause form.

FAQs: IPC 105 to BNS 43

What changed when Section 105 IPC became Section 43 BNS?▼

The layout and one phrase. Section 43 BNS lists the five rules as clauses a to e, and describes night as after sunset and before sunrise. The rules themselves are the same.

Where does Section 105 IPC sit in the BNS?▼

In Section 43 BNS, in Chapter III, General Exceptions.

Does Section 105 IPC or Section 43 BNS apply to an act done before 1 July 2024?▼

Section 105 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 105 IPC. Section 43 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 ·