IPC 98 vs BNS 98
● Retained in BNSRight of private defense of property
Section 98 of the Indian Penal Code, 1860, defines the right of private defense of property, allowing a person to protect their movable or immovable property from theft, damage, or intrusion. This section establishes that individuals may use necessary and proportionate measures to safeguard their property from unlawful interference.
Under IPC 98:
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Every person has the right to defend their property,
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The act must be necessary and proportionate to the threat,
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The right arises only when there is imminent danger or a reasonable apprehension of property harm.
For example, if someone attempts to break into a house or steal personal belongings, the owner may take reasonable measures to prevent it. The law ensures that defense is limited to what is necessary and prevents disproportionate or excessive use of force.
IPC 98 emphasizes the importance of protecting property while maintaining legal boundaries, balancing the right to safeguard one’s belongings with accountability for excessive defensive actions. It forms the legal foundation for subsequent sections detailing the scope and limits of property defense in criminal law.
Thus, IPC 98 provides a framework for legally justified protection of property, ensuring fairness and proportionality.
Right of private defense of property
Section 98 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 98, retaining the right of private defense of property. It allows individuals to protect their movable or immovable property from unlawful interference using necessary and proportionate measures.
Under BNS 98:
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The right applies to protecting property against theft, damage, or intrusion,
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Defensive actions must be proportionate and necessary to counter the threat,
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The right arises only when there is imminent danger or reasonable apprehension of harm to property.
For instance, preventing a trespasser from entering a house or stopping theft of personal belongings using reasonable measures is justified under BNS 98. Excessive or unnecessary force may attract liability.
By retaining IPC 98’s principles, BNS 98 ensures legal protection for individuals safeguarding their property while maintaining limits on defensive actions. This section balances property rights with accountability, forming a key aspect of private defense in criminal law.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 98 to BNS BNS 98.