Bharatiya Nyaya Sanhita, 2023 · Chapter III: General Exceptions · Of right of private defence
Section 38: When right of private defence of body extends to causing death
In plain words
In defending the body, you may go as far as causing the attacker's death, within the limits of section 37, if you face certain serious attacks.
- An assault that reasonably makes you fear death or grievous hurt.
- An assault intended to commit rape or to gratify unnatural lust.
- An assault intended to kidnap or abduct.
- An assault intended to wrongfully confine someone where they reasonably fear they cannot get help from the authorities.
- Throwing or administering acid, or attempting to, in a way that reasonably makes you fear grievous hurt.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official text
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this section
Section 38 lists the only situations in which defending the body can extend to killing the attacker. It carries forward section 100 of the IPC, with the seven situations now lettered (a) to (g).
The seven situations
- (a) An assault reasonably causing apprehension of death.
- (b) An assault reasonably causing apprehension of grievous hurt.
- (c) An assault intending rape.
- (d) An assault intending to gratify unnatural lust.
- (e) An assault intending kidnapping or abduction.
- (f) An assault intending wrongful confinement, where the victim reasonably fears being unable to reach the authorities.
- (g) Throwing or administering acid, or attempting to, where grievous hurt is reasonably feared.
Reasonable apprehension
The test is whether the defender reasonably feared the harm, not whether it actually happened. Courts look at weapons, numbers, earlier threats and injuries suffered.
Still subject to section 37
There must be no time to seek the authorities' protection, and no more harm than necessary may be caused.
Key Supreme Court rulings
Darshan Singh v. State of Punjab 2010 INSC 45
Decided under section 100 of the IPC. Where there was a serious apprehension of death or grievous hurt, the accused's firing was covered by the right of private defence and the acquittal was restored.
Common mistakes
- Assuming any assault justifies killing. Only the listed kinds do.
Read with: Section 34 BNS, Section 37 BNS, Section 100 IPC
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the section 38
No Supreme Court judgment in our database cites this section yet.