Section 41 in THE BHARATIYA NYAYA SANHITA, 2023 – BNS

When right of
private
defence of
property
extends to
causing death.

41. The right of private defence of property extends, under the restrictions specified in
    section 37, to the voluntary causing of death or of any other harm to the wrong-doer, if the
    offence, the committing of which, or the attempting to commit which, occasions the exercise
    of the right, be an offence of any of the descriptions hereinafter enumerated, namely:—
    (a) robbery;
    (b) house-breaking after sunset and before sunrise;
    (c) mischief by fire or any explosive substance committed on any building, tent
    or vessel, which building, tent or vessel is used as a human dwelling, or as a place for
    the custody of property;
    (d) theft, mischief, or house-trespass, under such circumstances as may
    reasonably cause apprehension that death or grievous hurt will be the consequence,
    if such right of private defence is not exercised.