What is Section 105 IPC? Commencement and continuance of the right of private defence of property
Published on: Lawiz Team
Detailed explanation of Section 105 IPC: Commencement and continuance of the right of private defence of property.
Official Legal Text
The right of private defence of property commences when a reasonable apprehension of danger arises and continues until the danger continues.
What This IPC Section Means – Explained in Simple Words
Section 105 defines when the right of private defense of property begins and ends.
Purpose
To specify the duration of the right to defend property.
Bailable or Not Bailable & Punishment
Bailable: Not Applicable, Punishment: No punishment for any act done in private defence of property, commencing when a reasonable apprehension of danger to the property arises and continuing as long as such apprehension exists.
Scope and Application
Applies to all cases where property defense is needed.
Important Legal Points
Right begins when threat starts and ends when it is over.
Illustrative Example
A person can defend their house from burglars until they leave.
Exceptions and Special Cases
Does not cover actions taken after the threat has ended.
Conclusion
Provides clarity on the duration of property defense.
FAQs
What does Section 105 IPC define?
Commencement and continuance of the right of private defence of property.
Where is Section 105 IPC commonly applied?
In cases involving commencement and continuance of the right of private defence of property situations.
Why is Section 105 IPC significant?
It provides clarity in handling cases under Indian Penal Code.
Can you provide a real-world example of Section 105 IPC?
Real-world cases involving commencement and continuance of the right of private defence of property often refer to this section.
Does Section 105 IPC mention any exceptions?
Yes, it should be interpreted in conjunction with other IPC provisions.
Is Section 105 IPC linked to any other IPC sections?
Yes, it complements several provisions related to criminal defenses or abetment.
How have courts interpreted Section 105 IPC?
Courts interpret based on statutory meaning and factual case situations.