BNS §40
Commencement and continuance of right of private defence of body
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Comparison
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.
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.
What changedAI-inferred
IPC 102 and BNS 40 carry the same commencement-and-continuance rule for private defence of body character-identically.
Old position
IPC 102 is concerned with Commencement and continuance of the right of private defence of the body. Commencement and continuance of the right of private defence of the body
New position
BNS 40 preserves the framework with drafting modernisations as required by the new code. Topic: 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
BNS 40 (Commencement and continuance of right of private defence of body) preserves the framework of IPC 102. BNS 40 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNS 40 text: The right of private...
Editorial deltaAI-indicated (source-linked)
BNS 40 (Commencement and continuance of right of private defence of body) preserves the framework of IPC 102. BNS 40 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNS 40 text: 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.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IPC 102 continues to apply. For matters from that date forward, BNS 40 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 40 (Commencement and continuance of right of private defence of body). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Penal Code, 1860
- Gazette of India — Bharatiya Nyaya Sanhita, 2023
Cite this page
Newlaws.in, IPC §102 → BNS §40 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/bns/40.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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