Section 41 allows a person to voluntarily cause death or any other harm to a wrongdoer in defence of property, but only under specific grave circumstances, and subject to the limitations in Section 37.
Key Provision:
A person can lawfully cause death or serious harm in defence of property if the offence committed or attempted is any of the following:
(a) Robbery – Use of violence or threat while stealing.
(b) House-breaking between sunset and sunrise – Intrusion during nighttime.
(c) Mischief by fire or explosive on a dwelling, tent, or vessel used for human living or for property protection.
(d) Theft, mischief, or criminal trespass done under such circumstances where it is reasonable to fear that death or grievous hurt will result if defence is not exercised.
All of this is permitted only if the threat is immediate, and the response is within the scope defined under Section 37, which forbids excessive force or defence when legal alternatives are available.
How It Protects:
- Recognizes that property can be attacked in life-threatening ways.
- Allows citizens to take necessary action to protect property, including lethal force, if delay would be fatal.
- Ensures law-abiding individuals are not punished for defending themselves or their property in extreme situations.
Example:
- A group breaks into your home at night — you have the right to defend, even if it results in their death.
- Someone sets your home on fire — you can act in defence, even to the extent of using lethal force.
- A thief tries to steal your vehicle, and the situation clearly threatens your life if you intervene — you may use deadly force.