Section 105 IPC: Commencement and continuance of the right of private defence of property

Indian Penal Code, 1860

Section 105 IPC at a Glance

Section 105 IPC deals with commencement and continuance of the right of private defence of property. From 1 July 2024 it is replaced by Section 43 BNS.

Punishment

None. Section 105 IPC creates no offence.

BNS Equivalent

Section 43 →

Section 105 IPC Bare Act Text

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.

Source: Section 105, Indian Penal Code, 1860

Section 105 IPC in Simple Words

Section 105 of the Indian Penal Code (IPC) says when the right of private defence of property begins and how long it lasts. It begins when a reasonable apprehension of danger to the property begins.

Against theft it lasts till the offender has retreated with the property, public help is obtained or the property is recovered. Against robbery, criminal trespass, mischief and house-breaking by night it lasts while the offence or the fear goes on.

Ingredients of Section 105 IPC

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

Punishment Under Section 105 IPC

Imprisonment

None. Section 105 IPC creates no offence.

Fine

None.

Section 105 IPC is a General Exception. It has no entry in the First Schedule to the CrPC.

Example of Section 105 IPC

In March 2021 in Madurai, Senthil heard Anbu prying open the latched window of Senthil's home after midnight, creating a reasonable apprehension of danger to his property. Anbu climbed inside, committing house-breaking by night, and took a silver vessel. While the house-trespass begun by that entry continued and before Anbu could effect his retreat with the vessel or public authorities could assist, Senthil confronted Anbu in the hallway and recovered the vessel, ending the right. Senthil's right of private defence of property commenced and continued during the intrusion under Section 105 IPC.

When Section 105 IPC Does Not Apply

Force is used before any reasonable apprehension of danger to the property has arisen.
In a case of theft, the thief has already completed his escape with the stolen goods, or the goods have already been recovered, or help from the public authorities has been secured.
In a case of robbery, the offender is no longer causing or attempting to cause death, hurt, or wrongful restraint, and all fear of instant death, hurt, or personal restraint has ended.
In a case of criminal trespass, mischief, or house-breaking by night, the offender has already ceased the mischief or left the premises so that the trespass is over.

Section 105 IPC in the BNS

Section 105 IPC is now covered under Section 43 BNS.

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.

View detailed comparison (IPC 105 vs BNS 43) →

FAQs on Section 105 IPC

What does Section 105 IPC say?▼

That the right of private defence of property begins when a reasonable apprehension of danger to the property begins, and then lasts as long as the rules for theft, robbery, criminal trespass or mischief, and house-breaking by night provide.

How long does the right last against theft under Section 105 IPC?▼

Till the offender has effected his retreat with the property, or the assistance of the public authorities is obtained, or the property has been recovered.

How long does the right last against robbery under Section 105 IPC?▼

As long as the offender causes or attempts to cause death, hurt or wrongful restraint to any person, or as long as the fear of instant death, instant hurt or instant personal restraint continues.

Is Section 105 IPC an offence?▼

No. It creates no offence. It is a General Exception.

What is the BNS equivalent of Section 105 IPC?▼

Section 43 BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·