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Bharatiya Nyaya Sanhita, 2023

Section 40, BNS: Commencement and continuance of right of private defence of body

Pundora · Published 3 October 2026

Section 40 of the Bharatiya Nyaya Sanhita, 2023, in the Act's own words, with the IPC provision it replaces.

What it replaces

BNS provisionIPC provisionRelation
Section 40Section 102corresponds

From the Bureau of Police Research and Development's official comparison summary (source below). The whole table: IPC to BNS.

The section

40. 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 as such apprehension of danger to the body continues.

The text is India Code's consolidated text as loaded into Pundora's statute corpus on 1 September 2026. A section quoted in a draft checked by Pundora is checked against this text.

Sources

  1. India Code: Bharatiya Nyaya Sanhita, 2023, section 40 (read 1 September 2026)
  2. Bureau of Police Research and Development: comparison summary, BNS to IPC (read 1 September 2026)

The Act's own words, from India Code. If the text here differs from the Gazette, the Gazette governs; write to contact@pundora.in and it will be corrected and dated.