Section 103:
When the right of private defence of property extends to causing death.
The right of
private defence of property extends, under the restrictions mentioned in section 99, to the voluntary
causing of death or of any other harm to the wrong-doer, if the offence, the committing of which, or the
attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions
hereinafter enumerated, namely:--
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.
STATE AMENDMENTS
Karnataka
(1) In section 103, in clause Thirdly, --
(i) after the words "mischief by fire", the words "or any explosive substance" Shall be inserted;
(ii) after the words "as a human dwelling, or" the words "as a place of worship, or" shall be inserted.
(2) After clause Fourthly, the following clause shall be inserted, namely:--
"Fifthly.-- Mischief by fire or any explosive substance committed on any property used or intended
to be used for the purpose of Government or any local authority, statutory body or company owned or
controlled by Government or railway or any vehicle used or adapted to be used for the carriage of
passengers for hire or reward".
[Vide Karnataka Act 8 of 1972, sec. 2].