Commencement, Continuance and End of Right of Private Defence of Property (Section 105 IPC)

Introduction

Section 105 of the Indian Penal Code explains when the right of private defence of property begins, continues and ends.
This right depends on reasonable fear (real possibility) of danger to property.
The law focuses on the situation and nature of the offence.

Meaning / Definition

The right of private defence of property begins when there is a reasonable fear of danger to property.
It continues as long as the danger exists and ends when the danger stops.

The right does not depend on whether the offence has actually been completed.

Modes or Types

Commencement of the Right

The right begins when:

• A person reasonably fears danger to property
• There is an attempt or threat to commit an offence

Actual commission of the offence is not necessary.
Reasonable fear is enough.

Continuance of the Right

Theft

The right continues until:

• The offender leaves the property, or
• Police help is obtained, or
• The property is recovered

Once any of these happens, the right ends.

Robbery

The right continues as long as:

• The offender causes or attempts to cause death, hurt or wrongful restraint, or
• The fear of such harm continues

Criminal Trespass and Mischief

The right continues until:

• The trespassers leave the property

If trespassers use violence, reasonable force can be used in defence.

House-breaking by Night

The right continues:

• As long as the house-breaking is ongoing

End of the Right

The right ends when:

• The danger to property stops
• The offender leaves or is no longer a threat

After this point, any force used is not protected under private defence.

Limitation

The right of private defence of property:

• Does not apply to intellectual property (like patents or copyrights)

Important Case Law

Supreme Court Principles on Private Defence

The Supreme Court has clarified:

• The right is for defence, not revenge
• It can be used only when immediate help from authorities is not available
• It can protect one’s own or another’s property
• The force used must be necessary and reasonable

The court also stated that:

• The right begins with reasonable fear and ends when the fear ends
• Exact measurement of force is not expected in such situations

Distinction / Comparison

Reasonable Fear vs Actual Offence

• Reasonable fear: Right begins even before offence happens
• Actual offence: Not necessary for starting the right

Continuance vs Excess

• Continuance: Action during danger → protected
• Excess: Action after danger ends → not protected

Practical Example

A person sees someone attempting to steal his property.
He can act immediately to prevent the theft.

If the thief runs away or the property is recovered, the danger ends.
Any force used after that will not be protected.

Summary

• Right begins with reasonable fear to property
• No need for actual offence to occur
• Continues as long as danger exists
• Different rules apply for theft, robbery, trespass and house-breaking
• Ends when danger stops or offender leaves
• Cannot be used after threat ends
• Applies only to physical property, not intellectual property
• Right is defensive and must be reasonable