Section 43Commencement and continuance of right of private defence of property
Chapter III — General Exceptions
Copied from the Official Gazette. Not yet reviewed by a qualified legal professional.
Text of the law
Official text (Gazette) Not yet legally reviewedThe 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.
Amendments, judgments and appeal information have not been added for this section yet.
Source and checking
- Where this text comes from
- Gazette of India, Extraordinary, No. 53, 25 December 2023 (Act No. 45 of 2023)
- Type of text
- Official text (Gazette)
- Pages in the Gazette
- p. 16
- Text version
- As originally enacted in 2023. This text may not reflect subsequent amendments or commencement notifications. Last status check: 6 November 2026.
- When the Act came into force
- 1 July 2024, under Government notification S.O. 850(E), dated 23 February 2024. Read notification S.O. 850(E) in the Gazette of India (PDF, opens in a new tab)The notification excluded section 106(2); see the note on that section.Whether an excluded provision was brought into force later has not been independently confirmed. Checked against the Gazette on 6 November 2026. Not yet reviewed by a qualified legal professional.
- Checked by computer against the Gazette?
- Yes, words and structure match
- Reviewed by a qualified legal professional?
- Not yet
- Copied on
- 6 Nov 2026
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