First: Robbery;
Secondly : House-breaking by night;
Thirdly : Mischief by fire committed on any building, tent or vessel, which building, tent or
vessel is used as a human dwelling or as a place for the custody of property;
Fourthly : Theft, mischief or house-trespass, under such circumstances as may
reasonably cause apprehension that death or grievous hurt will be the consequence, if
such right of private defence is not exercised.
104. When such right extends to causing any harm other than death : If the offence,
the committing of which, or the attempting to commit which, occasions the exercise of the
right of private defence, be theft, mischief or criminal trespass, not of any of the
descriptions enumerated in the last preceding section that right dose not extend, to the
voluntary causing of death, but dose extend, subject to the restrictions mentioned
in Section 99, to the voluntary causing to the wrong-doer of any harm other than death.
105. Commencement and continuance of the right of private defence of property:
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 tilt 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.
106. Right of private defence against deadly assault when there is risk of harm to
innocent person: If in the exercise of the right of private defence against an assault
which reasonably causes the apprehension of death, the defender be so situated that he
cannot effectually exercise that right without risk of harm to an innocent person, his right of
private defence extends to the running of that risk.
Illustration
A is attacked by a mob who attempt to murder him. He can not effectually exercise his
right of private defence with out firing on the mob, and he cannot fire without risk of