Indian Penal Code Section 103

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when the ability to defend one’s property includes the ability to kill. Under the restrictions outlined in section 99, the right of private property defense extends to intentionally causing the wrongdoer’s death or other harm if the crime, the commission of which, or the attempted commission of which, causes the right to be exercised, is one of the offenses listed below, Followings :

First : Robbery

Second : House-breaking by night;

Third : house, tent, or vessel that is used for human habitation or as a location for the custody of property that has been damaged by fire;

Fourth : Theft, mischief, or house trespass in situations when it is reasonable to fear that failure to utilize one’s right to self-defense may result in death or serious injury. NATIONAL AMENDMENTS

Karnataka

Bangalore —(1) In clause Three of Section 103, in place of “mischief by fire,” insert “or any explo­sive substance” (i) and “as a place of worship, or” (ii) following “as a human dwelling, or.”
(2) Insert the following clause after clause #4 as follows: “Fifthly.—Mischief by fire or any explosive substance committed on any property used or intended to be used for the purpose of Government or any local authority, statutory body, or company owned or controlled by Government or railway or any vehicle used or adapted to be used for the carriage of passengers for hire or reward.” [See Karnataka Act 8 of 1972, Section 2 (Effective October 7, 1972)].

The Maharashtra

“Fifth Mischief by fire or any explosive substance committed on any property used or intended to be used for the purposes of Government or any local authority, statutory body, company owned or controlled by Government, railway or tramway, or on any vehicle used, or adapted to be used, for the carriage of passengers for hire or reward.” should be added at the end of section 103. [See Section 26 of Maharashtra Act 19 of 1971, effective December 31, 1971]. North Carolina. “Fifth – Mischief by fire or any explosive substance committed on – (a) Any property used or intended to be used for the purpose of the Government, or any local authority or other corporation owned or controlled by the Government, or (b) Any railway as defined in clause (4) of section 3 of the Indian Railways Act, 1890, or Railways Stores (Unlawful Possession Act), 1905. [See Uttar Pradesh Act 29 of 1970, Section 2 (effective as of July 17, 1970)]. * See Section 2 of the Motor Vehicles Act of 1988, Clause (47).

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