IPC 105 → BNS 43: Duration of Defense (Property)

Quick Summary: IPC 105 vs BNS 43

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 105 (Duration of Defense (Property)) is among the offences re-enacted by the Bharatiya Nyaya Sanhita, which reorganises and renumbers the old Indian Penal Code while keeping the core ingredients intact. Duration of Defense (Property) now maps to BNS 43, and the position below reflects the current bare act.

What did IPC 105 cover?

IPC 105 dealt with duration of defense (property) — commencement and continuance of the right of private defense of property. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 43: What changed in the new law?

Section number changed, principle same. From 1 July 2024, new complaints relating to duration of defense (property) are filed under BNS Section 43, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 43

N/A - General Exception

Practical implications for advocates, police & citizens

• Advocates: For duration of defense (property), cite the current provision BNS 43 rather than the repealed IPC 105 in all matters arising on or after 1 July 2024.
• Police officers: Register new duration of defense (property) FIRs under BNS 43; procedure follows the BNSS.
• Law students & citizens: Use the IPC 105 to BNS 43 mapping when checking your position on duration of defense (property) under the new law.