Section 41: The right of private defence of property extends, under the restrictions specified in
private section 37, to the voluntary causing of death or of any other harm to the wrong-doer, if the
defence of
property
offence, the committing of which, or the attempting to commit which, occasions the exercise
extends to of the right, be an offence of any of the descriptions hereinafter enumerated, namely:—
causing death.
(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.