CHAPTER III GENERAL EXCEPTIONS · Of right of private defence

Section 38: When right of private defence of body extends to causing death

The Bharatiya Nyaya Sanhita, 2023

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;

(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 IPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

38	100. When the right of private defence of the body extends to causing death.

Leading cases

Darshan Singh v. State of Punjab (2010)Decided on IPC section 100The appellant, who fired at his uncle after the uncle struck his father on the head with a gandasa and advanced on him, acted in private defence; the High Court wrongly reversed his acquittal.

Questions on this section

3 questions in 10 of our papers cite Section 38.

Practise questions on Bharatiya Nyaya Sanhita