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.
IPC Section 103Simplified Explanation
IPC Section 103 of the Indian Penal Code (IPC) addresses the right to private property defence. It specifies the conditions under which this right extends to causing the death of the aggressor. Similar to how Section 100 delineates circumstances for the right of private defence of the body that justifies lethal force, Section 103 outlines specific scenarios where deadly force can be lawfully used to defend property.
Here are the critical circumstances listed under Section 103 where the right of private defence of property extends to causing death:
- Robbery: If an individual faces an act of theft, which inherently involves the threat of force to take someone’s property unlawfully, the law recognises the right to use lethal force to defend the property being robbed.
- House-breaking by night: The law permits the use of lethal force in defence against an individual who is attempting to or has broken into a house during the nighttime. Nighttime house-breaking is considered a more severe threat due to the increased vulnerability of the occupants and the potential for the situation to escalate into violence.
- Mischief by fire on any building, tent, or vessel: If there’s an act of mischief by fire that threatens any building, tent, or vessel used as a human dwelling or for the custody of property, the right of private defence extends to causing death to prevent such acts. This provision recognises the grave danger arson poses to both life and property.
- Theft, mischief, or house trespass under certain conditions: The law extends the right to use lethal force in defence of property being subject to theft, mischief, or house trespass under circumstances that cause reasonable fear of death or grievous hurt either to the person defending the property or any other person. This acknowledges situations where the defence of property against these crimes intersects with the defence of the body.
IPC Section 103 acknowledges that while the protection of the property is essential, the right to use lethal force in its defence is granted only in situations where the aggression against the property also poses a significant risk to life or bodily harm. This provision underlines the principle that the use of lethal force must always be a measure of last resort, justified only under circumstances of severe threat.
