What Is BNS Section 41?

Bharatiya Nyaya Sanhita, 2023 - Section 41: When right of private defence of property extends to causing death

• The right of private defence of property extends, under the restrictions specified in section 37, to the voluntary causing of death or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter enumerated, namely:
• (a) robbery;
• (b) house-breaking after sunset and before sunrise;
• (c) mischief by fire or any explosive substance committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or as a place for the custody of property;
• (d) theft, mischief, or house-trespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised.

Brief Detail

BNS Section 41 outlines the conditions under which the right of private defence of property can extend to causing death. This extension is permissible under the restrictions specified in Section 37. It allows for the voluntary causing of death or harm to the wrong-doer if the offence being committed or attempted falls into specific categories such as robbery, house-breaking at night, mischief by fire or explosives on property used for dwelling or custody of property, or situations where there is reasonable apprehension of death or grievous hurt if the right of private defence is not exercised.

Question & Answers

Q: What does BNS Section 41 allow regarding the right of private defence of property?
A: BNS Section 41 allows the right of private defence of property to extend to causing death or harm to the wrong-doer under certain conditions specified in Section 37, if the offence committed or attempted falls into specific categories like robbery, house-breaking at night, mischief by fire or explosives on dwelling or property custody, or situations where there is a reasonable fear of death or grievous hurt.

Q: What categories of offences are covered under BNS Section 41 for extending the right of private defence to causing death?
A: The categories of offences covered include:

• (a) robbery;
• (b) house-breaking after sunset and before sunrise;
• (c) mischief by fire or any explosive substance committed on any building, tent, or vessel used for human dwelling or property custody;
• (d) theft, mischief, or house-trespass that reasonably causes apprehension of death or grievous hurt.

Q: What are the restrictions mentioned in BNS Section 41?
A: The restrictions mentioned are specified in Section 37, which govern the limits and conditions under which the right of private defence can be exercised.

Example

• Scenario 1: If a person is caught committing robbery at night, and the property owner uses force that results in the robber's death, this use of force is covered under the right of private defence as described in BNS Section 41.
• Scenario 2: If someone attempts to break into a house after sunset and is met with defensive force that causes harm, this is permissible under BNS Section 41, provided the conditions are met as per Section 37.
• Scenario 3: If an individual sets fire to a building used as a dwelling, and the property owner causes harm to prevent the fire, this action is justified under the right of private defence of property according to BNS Section 41.

Summary

BNS Section 41 extends the right of private defence of property to include the voluntary causing of death or harm to a wrong-doer if the offence being committed or attempted is one of the enumerated types, such as robbery or house-breaking at night, and meets the conditions set forth in Section 37.