When the right of private defence of property extends to causing death is defined under section 103 of ipc. Provisions under IPC section 103 explained here:
What is Section 103 IPC:
The right of private defence of property extends, under the restrictions mentioned in section 99, 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:
First – Robbery; Secodly – House-breaking by night; Thirdly – Mischief by fire 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; Fourthly – 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.
(1) In section 103, in the case thirdly-
(i) after the words “mischief by fire” the words “any explosive substance” shall be inserted.(ii) after the words “as a human dwelling, or” the words “as a place of worship, or” shall be
(2) In the case fourth, the following clause will be inserted-
“Fifth– Mischief by fire or any explosive substance committed on any property used or intended to be used for 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”.
Vide Karnataka Act No. 8 of 1972, sec. 2, (w.e.f. 7-10-1972)
In section 103, add the following clause at the end-
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”.
Vide Maharashtra Act No. 19 of 1971, sec. 26, (w.e.f. 31-12-1971)
(c) Uttar Pradesh
In section 103, add the following clause,
Fifth, Mischief by fire or any explosive substance committed on-
(a) Any property used or intended to be used for 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 as defined in the Railways Stores (Unlawful Possession) Act, 1955, or (c) any transport vehicle as defined in clause (33) of section 2 of the Motor Vehicles Act, 1939.”
Vide U.P. Act No. 29 of 1970, sec. 2 (w.e.f. 17-7-1970)
Section 103 IPC Explanation:
This section means right of private defnece of property extends upto death or harm of the assailants where the offence are of such types as defined herein this section: First – if assailant is trying to commit Robbery at your property. Secodly – if assailant tries to do break-in at your house by night. Thirdly – if the assaislant is trying to set on fire by any explosive substance on any building, tent or vessel which is a person’s house or is used as a place to worship. Fourthly – if assailant is trying theft, mischief (setting fire), or house trespass which reasonably causes the apprehension or fear of life if private defence is not exercised. [Fifthly clause is added by three states namely Karnataka, Maharashtra and Uttar Pradesh for the protection of government property]