Section 105

The Indian Penal Code, 1860, drafted under British colonial administration with strong influence from English common law, recognized that people cannot always wait for police help when facing sudden threats to their property. Sections 97 to 106 of the IPC create a limited right of private defence so ordinary citizens can protect themselves and their belongings. Section 105 specifically fixes the starting point of this right for property, ensuring it isn't misused to justify pre-emptive attacks based on mere suspicion, while still allowing timely action once real danger looms.

Indian courts have consistently held that 'reasonable apprehension' is an objective test — it must be judged from the standpoint of a reasonable person in the accused's situation, not merely the accused's personal fear or hindsight. Courts examine surrounding facts, such as the nature of the threat, the conduct of the aggressor, and immediacy of danger, to decide whether the apprehension was genuine and reasonable when the defensive action began. This provision is read alongside Sections 96 to 106 as a whole, since private defence rights are not standalone but form an interconnected scheme.

• Myth: You can use this right anytime you merely feel nervous or suspicious about your property.
  Fact: Courts require the apprehension to be 'reasonable' — based on an objective, sensible assessment of the situation, not just personal fear or imagination.
• Myth: This right lets you attack someone even before there's any real threatening action toward your property.
  Fact: The right begins only when real, threatening circumstances create reasonable danger to the property — not before any such indication appears.