IPC 100→BNS 38

IPC 100 to BNS 38: When the right of private defence of the body extends to causing death

Section 100 IPC (1860) replaced by Section 38 BNS (2023)

View IPC Section 100 →View BNS Section 38 →

IPC 100 to BNS 38 at a Glance

Section 100 IPC (When the right of private defence of the body extends to causing death) is now Section 38 BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 100 to BNS 38?

Section 38 BNS keeps all seven cases. It sets them out as clauses a to g, starts each with a small letter, refers to the restrictions specified in Section 37 BNS in place of those mentioned in the last preceding section, and drops the word the from the heading in two places.

IPC 100 vs BNS 38: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section10038
OffenceWhen the right of private defence of the body extends to causing deathSame
PunishmentNone. Section 100 IPC creates no offence.None. Section 38 BNS creates no offence.
FineNone.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 100 and BNS 38: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 100, IPC 1860

100. When the right of private defence of the body extends to causing death.—The right of private defence of the body extends, under the restrictions mentioned in the last preceding section, 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:— First.—Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault; Secondly.—Such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault; Thirdly.—An assault with the intention of committing rape; Fourthly.—An assault with the intention of gratifying unnatural lust; Fifthly.—An assault with the intention of kidnapping or abducting; Sixthly.—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. Seventhly.—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.
BNS 2023 (in force)

Section 38, BNS 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; (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.

Ingredients: IPC 100 vs BNS 38

Under IPC 100
  1. The right of private defence of the body is being exercised, within the restrictions in Section 99 IPC
  2. The offence is one of seven descriptions: an assault that reasonably causes the apprehension of death, or of grievous hurt, an assault with intent to commit rape, to gratify unnatural lust, to kidnap or abduct, or to wrongfully confine a person with no recourse to the public authorities, or an act of throwing or administering acid, or an attempt to do so, which may reasonably cause the apprehension that grievous hurt will otherwise be the consequence
  3. The harm caused is no more than necessary for the purpose of defence
Under BNS 38
  1. The right of private defence of the body is being exercised, within the restrictions in Section 37 BNS
  2. The offence is one of seven descriptions: an assault that reasonably causes the apprehension of death, or of grievous hurt, an assault with intent to commit rape, to gratify unnatural lust, to kidnap or abduct, or to wrongfully confine a person with no recourse to the public authorities, or an act of throwing or administering acid, or an attempt to do so, that reasonably causes the apprehension of grievous hurt
  3. The harm caused is no more than necessary for the purpose of defence

What IPC 100 to BNS 38 Means for Pending Cases

For Section 100 IPC (now Section 38 BNS): nothing changes in when private defence of the body may cause death. Section 38 BNS carries over the same seven cases, including the acid attack case.

FAQs: IPC 100 to BNS 38

What changed when Section 100 IPC became Section 38 BNS?▼

Only the form. The seven cases become clauses a to g, the restrictions are now cited as Section 37 BNS, and the heading drops the word the. The cases are the same.

Where does Section 100 IPC sit in the BNS?▼

In Section 38 BNS, in Chapter III, General Exceptions.

Does Section 100 IPC or Section 38 BNS apply to an act done before 1 July 2024?▼

Section 100 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 100 IPC. Section 38 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·