Section 38 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 38 of the Bharatiya Nyaya Sanhita (BNS), 2023 outlines the circumstances under which an individual may exercise the right of private defence of the body, extending to the voluntary causing of death or any other harm to the assailant. This right is subject to the restrictions specified in Section 37 of the BNS.
📜 Text of Section 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 following descriptions:
(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
This provision is designed to protect individuals who, in the face of imminent and serious threats, use force to defend themselves. It ensures that such defensive actions, even if resulting in death or significant harm to the assailant, are legally justified under the specified circumstances.
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