General Exceptions
BNS Section 43 - Commencement and continuance of right of private defence of property
Simple summary
Read the official BNS text below and consult an advocate for advice based on your facts.
Full official legal text
43. Commencement and continuance of right of private defence of property.--The right of
private defence of property,--
(a) commences when a reasonable apprehension of danger to the property commences;
(b) against theft continues till the offender has effected his retreat with the property or either the
assistance of the public authorities is obtained, or the property has been recovered;
(c) against robbery continues as long as the offender causes or attempts to cause to any person
death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or of instant
personal restraint continues;
(d) against criminal trespass or mischief continues as long as the offender continues in the
commission of criminal trespass or mischief;
(e) against house-breaking after sunset and before sunrise continues as long as the house-trespass
which has been begun by such house-breaking continues.