Bharatiya Nyaya Sanhita, 2023
BNS Section 38
When right of private defence of body extends to causing death
In one line
BNS Section 38 deals with when right of private defence of body extends to causing death and replaces IPC 100.
Bare act text — BNS 38
38. When right of private defence of body extends to causing death.
The right of private defence of the body extends, under the restrictions specified in section 37, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely:— (a) such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault; (b) such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault; (c) an assault with the intention of committing rape; (d) an assault with the intention of gratifying unnatural lust; (e) an assault with the intention of kidnapping or abducting; (f) an assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release; (g) an act of throwing or administering acid or an attempt to throw or administer acid which may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such act.
What changed from the IPC
- IPC 100 → BNS 38: First, secondly, thirdly, fourthly, fifthly, sixthly, seventhly are replaced with (a),(b),(c),(d),(e),(f),(g).
Frequently asked
What was BNS Section 38 in the IPC?
BNS Section 38 (When right of private defence of body extends to causing death) replaces Section 100 of the Indian Penal Code, 1860. IPC 100 is now BNS 38.
Still citing the IPC? Convert any old section in seconds, or keep the whole case — dates, clients and sections — in one diary.
Nearby BNS sections
- BNS 33 — Act causing slight harm
- BNS 34 — Things done in private defence
- BNS 35 — Right of private defence of body and of property
- BNS 36 — Right of private defence against act of a person of unsound mind, etc
- BNS 37 — Acts against which there is no right of private defence
- BNS 39 — When such right extends to causing any harm other than death
- BNS 40 — Commencement and continuance of right of private defence of body
- BNS 41 — When right of private defence of property extends to causing death
- BNS 42 — When such right extends to causing any harm other than death
- BNS 43 — Commencement and continuance of right of private defence of property