Section 40 BNS – Bhartiya Nyaya Sanhita, 2023 & equivalent IPC Section

Section-40 of Bhartiya Nyaya Sanhita, 2023: Commencement and continuance of right of private defence of body – with corresponding and equivalent Sections of IPC-Indian Penal Code.    

Bhartiya Nyaya Sanhita, 2023Indian Penal Code, 1860 (corresponding section)
40. 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.  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.  

Author

  • Prashant Kanha

    Advocate-on-Record at the Supreme Court of India with 14 years’ experience in civil, criminal, commercial and procedural matters. Partner at Redlaw Legal Services and author of legal analyses and commentary.

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