Indian Penal Code, 1860
IPC Section 103 in BNS
When the right of private defence of property extends to causing death. Section 103 of the Indian Penal Code, 1860 (When the right of private defence of property extends to causing death) corresponds to Section 41 of the Bharatiya Nyaya Sanhita, 2023.
Verify before you rely on this. Renumbering under the 2023 codes is not a clean one-to-one exercise — provisions were merged, split and reworded. Always check the printed bare act.
Where this sits in the exam
This provision is examined under IPC & Bharatiya Nyaya Sanhita, worth 8 of the 100 marks in AIBE XXII. The paper permits bare acts but bans notes, so what matters is finding it quickly, not reciting the number.
Questions that turn on this section
Punishment for murder is provided under which provision of the Bharatiya Nyaya Sanhita?
Answer & explanation
Section 103
BNS Section 101 defines murder and Section 103 prescribes the punishment, corresponding to IPC Sections 300 and 302 respectively. The punishment remains death or imprisonment for life, and fine.
Consider the following about the right of private defence of property: I. It extends to causing death in the case of robbery. II. It extends to causing death in the case of house-breaking after sunset. III. It extends to causing death in every case of theft. Which of the above are correct?
Answer & explanation
I and II only
§ 41 BNS lists robbery, house-breaking after sunset and before sunrise, mischief by fire, and theft or mischief in circumstances causing apprehension of death or grievous hurt. Ordinary theft is not enough.
Sections either side of it
How the neighbouring provisions of the Indian Penal Code, 1860 were renumbered:
| IPC | Provision | BNS |
|---|---|---|
| 100 | When the right of private defence of the body extends to causing death | 38 |
| 101 | When such right extends to causing any harm other than death | 39 |
| 102 | Commencement and continuance of the right of private defence of the body | 40 |
| 104 | When such right extends to causing any harm other than death | 42 |
| 105 | Commencement and continuance of the right of private defence of property | 43 |
| 106 | Right of private defence against deadly assault when there is risk of harm to innocent person | 44 |
Practise it
Cutoff has AIBE XXII questions on this area, each cited to both codes with a line telling you where to find it in the bare act. Ten questions per subject are free, no account needed.
Practise free Full IPC→BNS table