Central · Act 45 of 2023

Section 41 — When right of private defence of property extends to causing death.

The Bharatiya Nyaya Sanhita, 2023

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The right of private defence of property extends, under the restrictions specified in section 37, 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: —

(a) robbery;

(b) house-breaking after sunset and before sunrise;

(c) mischief by fire or any explosive substance 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;

(d) 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.

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India Code, Government of India. Text fetched 09 Oct 2026. Source metadata reports last modification: 2025-11-07. Check the linked official text and subsequent notifications when applying a provision.

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Section 41 — When right of private defence of property extends to causing death. | The Bharatiya Nyaya Sanhita, 2023 | NYAYA SIGNALNYAYA SIGNAL · Free access · Official source references

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