IPC 101→BNS 39

IPC 101 to BNS 39: When such right extends to causing any harm other than death

Section 101 IPC (1860) replaced by Section 39 BNS (2023)

View IPC Section 101 →View BNS Section 39 →

IPC 101 to BNS 39 at a Glance

Section 101 IPC (When such right extends to causing any harm other than death) is now Section 39 BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 101 to BNS 39?

Section 39 BNS keeps the rule word for word, except that it refers to the descriptions specified in Section 38 BNS and the restrictions specified in Section 37 BNS, in place of the last preceding section and the restrictions mentioned in Section 99 IPC.

IPC 101 vs BNS 39: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section10139
OffenceWhen such right extends to causing any harm other than deathSame
PunishmentNone. Section 101 IPC creates no offence.None. Section 39 BNS creates no offence.
FineNone.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 101 and BNS 39: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 101, IPC 1860

101. When such right extends to causing any harm other than death.—If the offence be not of any of the descriptions enumerated in the last preceding section, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions mentioned in section 99, to the voluntary causing to the assailant of any harm other than death.
BNS 2023 (in force)

Section 39, BNS 2023

If the offence be not of any of the descriptions specified in section 38, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions specified in section 37, to the voluntary causing to the assailant of any harm other than death.

Ingredients: IPC 101 vs BNS 39

Under IPC 101
  1. The offence is not one of the descriptions listed in Section 100 IPC
  2. The right of private defence of the body is being exercised, within the restrictions in Section 99 IPC
  3. The harm caused to the assailant is any harm other than death
Under BNS 39
  1. The offence is not one of the descriptions listed in Section 38 BNS
  2. The right of private defence of the body is being exercised, within the restrictions in Section 37 BNS
  3. The harm caused to the assailant is any harm other than death

What IPC 101 to BNS 39 Means for Pending Cases

For Section 101 IPC (now Section 39 BNS): nothing changes in how far private defence may go against a lesser assault. Section 39 BNS still allows any harm other than death.

FAQs: IPC 101 to BNS 39

What changed when Section 101 IPC became Section 39 BNS?▼

Only the cross-references. Section 39 BNS cites Section 38 BNS for the descriptions and Section 37 BNS for the restrictions. The rule is the same.

Where does Section 101 IPC sit in the BNS?▼

In Section 39 BNS, in Chapter III, General Exceptions.

Does Section 101 IPC or Section 39 BNS apply to an act done before 1 July 2024?▼

Section 101 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 101 IPC. Section 39 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 ·