Right of private defense of property

Acts against which right ofdefenceof property can be exercised.• Every person has right to defend his or other’s property whether it is movable or immovable➢ Against theft, robbery, mischief or criminal trespass, or any act which is an attempt to commit theft, robbery, mischief or criminal trespass.➢ Against the act of a luncatic, a minor, or an intoxicated person, or a person acting under a misconception of fact (Section 97-98)B. Acts against which there is no right of private defense of property This act is including in section 99 to lay down the limitation to the right of private defence of property. There are two acts against which the right of private defence of property cannot exercise.➢ There is no right of private defense if act done in good faith and public servant acting in good faith.➢ There is no right of private defense of property in cases in which there is time to have recourse to the protection of the public authorities.Section 99 provide private defense in no case extends to the infliction of more than it is necessary to inflict for the purpose of defense.C. Right when commences and how long it continues (Section 105)Under section 105 the right commences when a reasonable apphrension of danger to the proeperty commences:▪ Against theft▪ Against robbery▪ Against criminal trespass or mischief▪ Against house breaking by nightSection 102 and 105 indicate that the right of private defense of the body or property commences and continues as long as the danger lasts.D. Subject to the restrictions contained in section 99, the right extend to the causing of death or any other harm to the offender in the following cases –▪ In case of robbery▪ House breaking by night▪ Mischief by fire to any building, tent or vessel, used as human dwelling or as a place for the custody of property.

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