The right of private defence of property,––
(a) commences when a reasonable apprehension of danger to the property commences;
(b) 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;
(c) 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;
(d) against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief;
(e) against house-breaking after sunset and before sunrise continues as long as the house-trespass which has been begun by such house-breaking continues.
Legal Commentary & Landmark Judgments: Section 43
Section 43 governs the commencement and continuance of the right of private defence of property, establishing specific statutory termination points for theft, robbery, criminal trespass, and house-breaking.
In theft and robbery defense trials, establish that your client was in hot pursuit of the thief with the stolen goods when the scuffle occurred: under Section 43 BNS, the right of private defence of property remained legally active throughout the pursuit.