Bharatiya Nyaya Sanhita, 2023 · Chapter III: General Exceptions · Of right of private defence
Section 40: Commencement and continuance of right of private defence of body
In plain words
The right to defend the body begins as soon as there is a reasonable fear of danger from an attempt or threat, even before any offence is committed. It lasts as long as that fear lasts.
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 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.
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 40 carries forward section 102 of the IPC word for word: the right of private defence of the body begins as soon as a reasonable apprehension of danger arises from an attempt or threat, and lasts as long as that apprehension continues.
Key points
- The person need not wait to be struck.
- The right ends when the danger ends; later force is retaliation.
- The sequence of events and location of injuries usually decide whether force was used during or after the danger.
Key Supreme Court rulings
Narain Singh v. State of Haryana 2008 INSC 471
Decided under the IPC. The right to defend does not include a right to launch an offensive when the need to defend no longer survives.
Common mistakes
- Allowing force after the attacker has fled or been overpowered.
Read with: Section 35 BNS, Section 102 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 40
No Supreme Court judgment in our database cites this section yet.