The document discusses when private defense of property can extend to causing death under Indian law. It lists four circumstances: 1) robbery, 2) house-breaking by night, 3) mischief by fire, 4) theft, mischief, or house-trespass that reasonably causes apprehension of death or grievous hurt. The right of private defense also extends to causing death in cases of robbery until the offender has retreated with the property or the fear of instant death continues.

1. When the Right of Private Defense of
Property Extends to Causing Death.

2. When the right of private defence of
property extends to causing death.
 The right of private defense of property extends, under
the restrictions mentioned in section 99, to the voluntary
causing of death
 First:- Robbery;
 Secondly:- House-breaking by night;
 Thirdly:- Mischief by fire;
 Fourthly:- Theft, mischief, or house-trespass, under such
circumstances as may reasonably cause apprehension
that death or grievous hurt will be caused;
Prof. Dr. Mukund Sarda

3. SEC. 104
Anything other than death
Prof. Dr. Mukund Sarda

4. Sec. 105
 Theft : Till the offender has effected his retreat
with the property
 Robbery: Fear of instant death or an instant
hurt or of instant personal restraint continues.
Prof. Dr. Mukund Sarda

5.  Criminal trespass:-Whoever enters into or upon
property in the possession of another with intent to
commit an offence or to intimidate, insult or annoy
any person in possession.(441)
 House trespass:- Whoever commits criminal
trespass by entering into or remaining in any
building, tent or vessel used as a human dwelling or
any building used as a place for worship, or as a
place for the custody of property, is said to commit
“house-trespass”.(442)
Prof. Dr. Mukund Sarda

6. Lurking house-trespass:- whoever commits
house-trespass having taken precautions to conceal
such house-trespass from some person who has a
right to exclude or eject the trespasser from the
building, tent or vessel which is the subject of the
trespass, is said to commit “Lurking house-
trespass”.(443)
Prof. Dr. Mukund Sarda

7. Lurking house-trespass by night:- Whoever
commits lurking house-trespass after sunset and
before sunrise, is said to commit “lurking house-
trespass by night”.(444)
House breaking:- A person is said to commit
“house-breaking” who commits house-trespass if he
effects his entrance into the house or any part of it
any of the six ways.(445)
Prof. Dr. Mukund Sarda

8.  First:- If he enters or quits through a passage by
himself.
 Secondly:- If he enters or quits through a passage not
intended by any person for human entrance.
 Thirdly:- If he enters or quits through any passage
which he or any abettor of the house-trespass has
opened.
 Fourthly:- If he enters or quits by opening any lock.
 Fifthly:- If he enters his entrance or departure by using
criminal force.
 Sixthly:- If he enters or quits by any passage which he
knows to have been fastened against such entrance or
departure.
Prof. Dr. Mukund Sarda

9. House-breaking by night:- Whoever
commits house-breaking after sunset and
before sunrise, is said to commit “house-
breaking by night”.(446)
Prof. Dr. Mukund Sarda