Section 43 of BNS : Section 43: Commencement and continuance of right of private defence of property.
BNS
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Explanation using Example
Example 1:
Ravi owns a small shop in a busy market area. One night, he hears noises and sees someone trying to break into his shop through the back door. Ravi immediately calls the police but also grabs a stick to defend his property. According to Section 43 of The Bharatiya Nyaya Sanhita 2023, Ravi's right to defend his property commenced the moment he had a reasonable apprehension of danger to his shop (subsection a). His right to defend his property against the thief continues until the thief retreats with the stolen goods, the police arrive, or the stolen goods are recovered (subsection b).
Example 2:
Priya lives in a house on the outskirts of the city. One night, she hears someone breaking into her house through a window. She sees the intruder and immediately feels threatened. Priya grabs a heavy object to defend herself and her property. According to Section 43 of The Bharatiya Nyaya Sanhita 2023, Priya's right to defend her property against house-breaking continues as long as the house-trespass, which began with the house-breaking, continues (subsection e). This means she can defend her property until the intruder leaves or is apprehended.
Example 3:
Amit is walking home late at night when he is suddenly confronted by a robber who demands his wallet and threatens him with a knife. Amit, fearing for his life, uses his self-defense training to disarm the robber and protect his belongings. According to Section 43 of The Bharatiya Nyaya Sanhita 2023, Amit's right to defend his property against robbery continues as long as the robber attempts to cause him death, hurt, or wrongful restraint, or as long as the fear of instant death or hurt continues (subsection c).
Example 4:
Sunita owns a piece of farmland. One day, she notices a group of people trespassing on her land and damaging her crops. She confronts them and demands that they leave immediately. When they refuse, she uses reasonable force to protect her property. According to Section 43 of The Bharatiya Nyaya Sanhita 2023, Sunita's right to defend her property against criminal trespass or mischief continues as long as the offenders continue committing criminal trespass or mischief (subsection d).