Section 103 of IPC : Section 103: When The Right Of Private Defence Of Property Extends To Causing Death

Explanation using Example

Imagine a homeowner, Mr. Sharma, who lives in a quiet neighborhood. One night, he is awakened by the sound of glass breaking. Peering out of his bedroom window, he sees an intruder with a crowbar breaking into his shed, where he stores expensive tools and equipment. Fearing that the intruder might attack him or his family if confronted, Mr. Sharma retrieves his licensed firearm.

As the intruder exits the shed with stolen goods and begins to approach the house, Mr. Sharma warns him to stop. The intruder, however, charges towards Mr. Sharma, wielding the crowbar in a threatening manner. Believing that the intruder may cause death or grievous harm, Mr. Sharma, in a moment of panic and self-defense, shoots the intruder, causing fatal injuries.

In this scenario, Mr. Sharma's actions could be examined under Section 103 of the Indian Penal Code, which permits the voluntary causing of death under the right of private defense of property if the offence is robbery or house-breaking by night, among others. The incident occurred at night, and the intruder's aggressive actions could have led to a reasonable apprehension of death or grievous hurt, thereby potentially justifying Mr. Sharma's use of lethal force in defense of his property and personal safety.