Section 67 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 67 – Right of Private Defence of Property
This section deals with a person’s right to protect property (his own or that of another) from unlawful acts such as theft, robbery, mischief, or criminal trespass.
It is based on the principle that law does not expect a person to be a mute spectator when his property is being wrongfully attacked. A person has the right to defend it, even using reasonable force.
Key Points of Section 67
Scope of Protection
The right of private defence of property extends against:
Theft (chori)
Robbery (dacoity/loot)
Mischief (damage/destruction of property)
Criminal trespass (unauthorized entry or occupation)
Use of Force
The person may use reasonable force to prevent or stop such offences.
The extent of force depends on the nature of the threat:
If the offence is minor (like ordinary theft without violence), the force used must be limited.
If the offence involves violence or danger to life (like robbery or armed trespass), the defender may even cause death of the aggressor.
Causing Death of Aggressor
Section 67 allows causing death only in extreme cases, specifically when the property is under attack by:
Robbery
House-breaking by night
Mischief by fire committed on a dwelling place or place of human dwelling
Theft, mischief or house-trespass with risk to human life
In all other cases, the right does not extend to causing death, only reasonable harm.
Time Limit of the Right
This right exists only as long as the unlawful act continues.
Once the theft, trespass, or mischief is over, the right ends.
Example: If someone steals and runs away, you can defend while the theft is in progress, but not track him later and harm him.
Illustrations
If a thief tries to steal your mobile from your pocket in a crowded place, you may use reasonable force to stop him but not kill him.
If armed robbers break into your house at night, you may even use deadly force, because the law recognizes the grave danger to life and property.
If someone unlawfully enters your farmland in the daytime without threatening life, you can evict him with reasonable force but not cause death.
Objective
The purpose of Section 67 is to strike a balance between:
Protecting individuals’ rights to defend property, and
Preventing misuse of force under the pretext of self-defence.
✅ In short:
Section 67 of BNS, 2023 gives every person the right to defend property (his own or another’s) against theft, robbery, mischief, or trespass. Deadly force is allowed only in aggravated situations like robbery, night house-breaking, or when human life is at risk. Otherwise, only reasonable force may be used.
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