The right of private defence of property extends to causing death of the wrongdoer under certain…

Section 103 extends the right of private defence of property to causing death only against robbery, house-breaking by night, mischief by fire on a building used as a human dwelling or for keeping property, and theft, mischief or house-trespass that reasonably causes fear of death or grievous hurt. "Lurking house trespass" as such is not one of these descriptions, whereas robbery, house-breaking by night and mischief by fire on a dwelling are expressly listed.

Current law: For offences from 1 July 2024, the corresponding BNS provisions are sections 37 and 41. BNS section 358 preserves prior IPC liabilities and proceedings. The fire category now also expressly includes an explosive substance.