Indian Penal Code, 1860
IPC Section 105 in BNS
Commencement and continuance of the right of private defence of property. Section 105 of the Indian Penal Code, 1860 (Commencement and continuance of the right of private defence of property) corresponds to Section 43 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 CrPC & Bharatiya Nagarik Suraksha Sanhita, IPC & Bharatiya Nyaya Sanhita, worth 18 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
A woman shall ordinarily be arrested:
Answer & explanation
By a woman police officer, and not between sunset and sunrise save exceptionally
The safeguard requires prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed where arrest outside the permitted hours is necessary.
A woman is to be arrested in connection with a cognizable offence. Which of the following is NOT required by the Bharatiya Nagarik Suraksha Sanhita, 2023?
Answer & explanation
Prior written authorisation of a Judicial Magistrate in every case
There is no requirement of prior written authorisation for every arrest of a woman. The night-time restriction and the woman-officer requirement are the safeguards; magisterial permission is needed only for a night arrest.
Punishment for culpable homicide not amounting to murder is under:
Answer & explanation
Section 105 BNS
BNS Section 105 corresponds to IPC Section 304. The punishment differs depending on whether the act was done with intention to cause death or grievous hurt, or merely with knowledge that death was likely.
Sections either side of it
How the neighbouring provisions of the Indian Penal Code, 1860 were renumbered:
| IPC | Provision | BNS |
|---|---|---|
| 102 | Commencement and continuance of the right of private defence of the body | 40 |
| 103 | When the right of private defence of property extends to causing death | 41 |
| 104 | When such right extends to causing any harm other than death | 42 |
| 106 | Right of private defence against deadly assault when there is risk of harm to innocent person | 44 |
| 107 | Abetment of a thing | 45 |
| 108 | Abettor | 46 |
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