BNS 38 — When right of private defence of body extends to causing death.

Bharatiya Nyaya Sanhita, 2023

Statutory text

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;

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

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