BNS §38

When right of private defence of body extends to causing death

Substantively sameConfidence: mediumStatus: editor verifiedconsolidation context(precautionary)
Last updated 2026-05-01 · Input coverage: full

Compiled by AI-assisted tools. Text verified against official sources where indicated. Field-level labels (AI-indicated / AI-inferred / Text-verified) apply per edge metadata. Verify current bail/cognizable status against official sources before relying on procedural claims. Last updated: 2026-04-28.

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Comparison

Old law
IPC §100
When the right of private defence of the body extends to causing death

100. When the right of private defence of the body extends to causing death.—The right of private defence of the body extends, under the restrictions mentioned in the last preceding section, 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:— First.—Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault; Secondly.—Such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault; Thirdly.—An assault with the intention of committing rape; Fourthly.—An assault with the intention of gratifying unnatural lust; Fifthly.—An assault with the intention of kidnapping or abducting; Sixthly.—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. 1[Seventhly.—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.]

New law
BNS §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 changedAI-inferred

IPC Section 100 enumerated six descriptions of assault that authorise the right of private defence of the body to extend to causing death — apprehension of death, apprehension of grievous hurt, intent to commit rape, intent to gratify unnatural lust, intent to kidnap or abduct, and intent to wrongfully confine in circumstances precluding recourse to public authorities. BNS Section 38 retains all six clauses (a)-(f) character-identically and ADDS a seventh clause: (g) an act of throwing or administering acid (or attempt) which may reasonably cause the apprehension that grievous hurt will otherwise be the consequence. The acid-attack addition is a substantive set extension at the rule's application layer; it does not narrow any existing description.

Old position

IPC 100 is concerned with When the right of private defence of the body extends to causing death. When the right of private defence of the body extends to causing death

New position

BNS 38 modifies the framework. Topic: 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

IPC Section 100 enumerated six descriptions of assault that authorise the right of private defence of the body to extend to causing death — apprehension of death, apprehension of grievous hurt, intent to commit rape, intent to gratify unnatural lust, intent to kidnap or abduct, and intent to...

Editorial deltaAI-indicated (source-linked)

BNS 38 reproduces IPC 100's framework for the right of private defence of the body extending to causing death character-identically. The cross-reference to the restrictions-on-private-defence section is renumbered from IPC s.99 to BNS s.37. The seven-clause enumeration of triggering circumstances (apprehension of death, grievous hurt, rape, etc.) is preserved.

Transitional note (repeal & savings)

For matters initiated before 1 July 2024, IPC 100 continues to apply. For matters from that date forward, BNS 38 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.

Frequently asked

BNS 38 (When right of private defence of body extends to causing death). The relationship is classified as modified — see the change-note above for the textual delta.

Sources

Cite this page

Newlaws.in, IPC §100 → BNS §38 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bns/38.

Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01

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