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1The Penal Code, 1860

( ACT NO. XLV OF 1860 )

[ 6th October, 1860 ]

Chapter IV

GENERAL EXCEPTIONS

Of the Right of the Private Defence

Commencement and continuance of the right of private defence of property
105. The right of private defence of property commences when a reasonable apprehension of danger to the property commences.
 
 
The right of private defence of property 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.
 
 
The right of private defence of property 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.
 
 
The right of private defence of property against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief.
 
 
The right of private defence of property against house-breaking by night continues as long as the house-trespass which has been begun by such house-breaking continues.
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    Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government”, “the Government” and “Taka” were substituted, for the words “Pakistan”, “Central or any Provincial Government” or “Central Government or any Provincial Government” or “Central Government” or “the Provincial Government” or “Provincial Government” and “rupees” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
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