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BNS Section 38: When right of private defence of body extends to causing death

Section 38 of the Bharatiya Nyaya Sanhita, 2023 deals with when right of private defence of body extends to causing death. It replaces IPC 100 of the Indian Penal Code, 1860.

Text of BNS Section 38

38. 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;

Right of private defence against act of a person of unsound mind, etc.

Acts against which there is no right of private defence.

When right of private defence of body extends to causing death.

When such right extends to causing any harm other than death.

Commencement and continuance of right of private defence of body.

When right of private defence of property extends to causing death.

When such right extends to causing any harm other than death.

Commencement and continuance of right of private defence of

property.

Right of private defence against deadly assault when there is risk of harm to

innocent person.

(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.

IPC sections replaced

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