Section 43 outlines when the right of private defence of property begins and how long it continues, depending on the type of threat. It ensures that the right is exercised proportionately and timely, and that individuals can act to protect their property during a threat.
Key Provisions:
The right of private defence of property:
(a) Begins when there is a reasonable apprehension of danger to the property. This means you can act before the offence is completed, as soon as you reasonably fear harm to your property.
(b) Against theft: Continues until: The offender has retreated with the property, or Public authorities are called, or The property is recovered.
(c) Against robbery: Continues as long as: The offender inflicts or attempts to inflict death, hurt, or restraint, or The fear of instant harm or death persists.
(d) Against criminal trespass or mischief: Continues as long as: The offender is actively committing trespass or mischief.
(e) Against house-breaking at night (after sunset and before sunrise): Continues as long as: The house-trespass, which began with the unlawful entry, continues.
How It Protects:
- Prevents premature or delayed use of force - self-defence must be used only during the threat, not after it ends.
- Empowers citizens to protect their property in real-time against different types of offences.
- Provides a clear legal boundary for when the right to act begins and ends.
Example:
- A thief breaks into your house at night: your right to defend property continues until the thief leaves or is stopped.
- If someone is vandalising your shop, you can act while the mischief continues, not after it’s done and the person leaves.
- During robbery, if you’re still under threat of physical harm, your right to defend continues.