RIGHT
TO DEFENCE OF PROPERTY The right of private defence of property extends
to the causing of death or any other harm to the assailants under the following
circumstances:- 1) Robbery
2) House-breaking by night
3) Mischief
by fire to building, tent or vessel used as human dwelling or for the custody
of property.
4) Theft, mischief, or house trespass, reasonably causing the
apprehension of death or grievous hurt. WHEN DOES THE RIGHT COMMENCE
AND FOR HOW LONG DOES IT CONTINUE The right of private defence commences
when a reasonable apprehension of danger to the property commences. The right
commences not when the actual danger to the property commences but when there
is reasonable apprehension of danger, and continues against:- 1) Theft,
till a) the offender has effected his retreat with the property,
or
b) the assistance of public authorities is obtained, or
c) the property
has been recovered.
2) Robbery, as long as a)
the offender causes or attempts to cause to any person death, or hurt, or wrongful
restraint, or
b) the fear of instant death, or of instant hurt, or of instant
personal restraint continues.
3) Criminal trespass or mischief
s long as the offender continues in the commission of trespass or mischief 4)
Housebreaking by night, as long as the house-trespass, which has been begun by
such housebreaking, continues. PUNISHMENT Whoever on reasonable
apprehension of danger commits an act in private defence, shall be punished after
going through the facts of the case and to the satisfaction of the court that
the right to private defence was justified.
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