eMunshiFor citizens
BNS · Section 40 · Chapter III — GENERAL EXCEPTIONS

Commencement and continuance of right of private defence of body

What this section does

The right of private defence of the body begins as soon as a reasonable apprehension of danger arises from an attempt or threat to commit an offence, even before the offence is actually committed. The right continues for as long as the reasonable apprehension of danger to the body persists.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Old-law correspondence

Derived from IPC s.102.

Read the official text

For the binding statutory text of BNS Section 40, refer to the Gazette of India or the India Code official website.

Why this matters

BNS Section 40 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.