IPC Section 105: Private Defence of Property – Commencement and Continuance

This section defines the commencement and continuance of the right of private defense of property.

1. State the Code

Section 105 of the Indian Penal Code (IPC) states:

The right of private defense of property commences when there is an apprehension of an immediate, unlawful and imminent danger to the property, and it continues as long as that apprehension continues.

2. Explanation

This section outlines the conditions necessary for the right to private defense of property to arise:

• Apprehension of Immediate, Unlawful and Imminent Danger: The right to private defense arises only when there is an immediate threat to the property. The danger must be unlawful, meaning it must be without legal justification. The danger must also be imminent, meaning it is likely to occur immediately.
• Continuance of Apprehension: The right to private defense continues as long as the apprehension of danger exists. As soon as the danger ceases to be imminent, the right to private defense also ceases.

3. Illustration

Suppose a person sees someone attempting to break into their house. They have a reasonable apprehension of immediate, unlawful and imminent danger to their property. They are therefore justified in using force to defend their property, as long as the danger continues.

4. Common Questions and Answers

Q: Can I use force to defend my property if I am not present at the time of the danger?

A: No. The right of private defense of property only applies when the person using force is present at the time of the imminent danger.

Q: What kind of force can I use to defend my property?

A: The force used must be proportionate to the threat. You can only use force that is necessary to prevent the immediate danger to your property. You cannot use excessive force.

Q: What if I mistake someone for a thief and use force against them?

A: If you use force in good faith, believing there is an immediate threat to your property, you may be protected under this section. However, if you act without reasonable grounds or with excessive force, you could be liable for criminal charges.