Private defence of body
The right commences from the moment a reasonable apprehension of danger to the body arises from an attempt
or threat to commit the offence. It does not necessarily commence only when the act constituting the offence
commences. Mere apprehension, genuine and reasonable, is enough for commencement of your right to act to
protect yourself or someone else. For instance, a shopkeeper quarrels with you at his shop on account of
misunderstanding over the payment made by you. Using highly threatening language and in an agitated mood
the shopkeeper bends over some iron rods lying in his shop which give rise to an apprehension in your mind
that he might attack you with an iron rod. You can suitably attack him in exercise of the right of private
defence to disable him from attacking you. The right continues to exist till the apprehension continues. In
the given example the right will continue to exist till the shopkeeper is in an agitated mood and has access
to iron bars or other such weapons of offence or till he keeps making threatening postures for a physical
assault.
Private defence of property (Section 105 IPC)
The right of private defence of property commences when a reasonable apprehension of the danger to the property
commences. Example: On return from a late night party, you spot a person climbing over your wall that will give
him entry to the courtyard of your house. You can exercise your right to private defence of property and use force
to disable him from accomplishing his task. Your action in defence of your property does not constitute an offence.
The right of private defence of property continues against: -
Theft
 till the offender has effected his retreat with the property or
till the assistance of public authorities is obtained or
till the stolen property has been recovered
Robbery
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, instant hurt or instant personal
restraint continues
House Breaking by night
as long as the house trespass, which has been begun by such house-breaking
continues.
Criminal Tresspass
Or Mischief
as long as the offender continues in the commission of criminal trespass
or mischief.
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