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)
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
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 105 | 43 |
| Offence | Commencement and continuance of the right of private defence of property | Same |
| Punishment | None. Section 105 IPC creates no offence. | None. Section 43 BNS creates no offence. |
| Fine | None. | Same |
| Bail | Non-Bailable | Same |
| Cognizance | Non-Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
IPC 105 and BNS 43: Bare Act Text Side by Side
Section 105, IPC 1860
Section 43, BNS 2023
Ingredients: IPC 105 vs BNS 43
- There is a reasonable apprehension of danger to the property
- Against theft, the right lasts till the offender has retreated with the property, or the public authorities help, or the property is recovered
- 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
- Against criminal trespass or mischief, the right lasts as long as the offender continues in it
- Against house-breaking by night, the right lasts as long as the house-trespass begun by it continues
- There is a reasonable apprehension of danger to the property
- 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
- 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
- Against criminal trespass or mischief, the right lasts as long as the offender continues in it
- 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
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 ·