Section 105State of Jammu-Kashmir Act
Section 105: Commencement and continuance of the right of private defence of property
Commencement and continuance of the right of private defence of property.
- The right of private defence of property commences when a reasonable apprehension of danger to the property commences.The right of private defence of property 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.The right of private defence of property against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restrain or as long as the fear of instant death or of instant hurt or of instant personal restraint continues.The right of private defence of property against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief.The right of private defence of property against house-breaking by night continues as long as the house-trespass which has been begun by such house-breaking continues.Previous
Sec 104 — When such right extends to causing any harm other than death
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Sec 106 — Right of private defence against deadly assault when there is risk of harm to innocent person
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