Bharatiya Nyaya Sanhita, 2023 · Section 40

BNS 40: earlier IPC 102

Section 40 of the Bharatiya Nyaya Sanhita, 2023 replaces Section 102 of the Indian Penal Code, 1860. BNS 40 deals with commencement and continuance of right of private defence of body. The Bharatiya Nyaya Sanhita came into force on 1 July 2024. Both texts are set out below, side by side, with the changed words marked.

Bharatiya Nyaya Sanhita

BNS 40 was IPC 102.

Commencement and continuance of right of private defence of body.

Carried over
Old wording kept in full
Old · IPC 1860 · Ch. IV
s. 102
Commencement and continuance of the right of private defence of the body
The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence though the offence may not have been committed; and it continues as long as such apprehension of danger to the body continues.
Text from the official India Code PDF
New · BNS 2023 · Ch. III
s. 40
Commencement and continuance of right of private defence of body.
The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence though the offence may not have been committed; and it continues as long as such apprehension of danger to the body continues.
Text from India Code
Related sectionsIPC 102 · Commencement and continuance of the …
BNS 39 · When such right extends to causing any harm other than death.BNS 41 · When right of private defence of property extends to causing death.

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