IPC 102→BNS 40

IPC 102 to BNS 40: Commencement and continuance of the right of private defence of the body

Section 102 IPC (1860) replaced by Section 40 BNS (2023)

View IPC Section 102 →View BNS Section 40 →

IPC 102 to BNS 40 at a Glance

Section 102 IPC (Commencement and continuance of the right of private defence of the body) is now Section 40 BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 102 to BNS 40?

Section 40 BNS keeps the rule word for word. Only its heading differs, since it is slightly shorter.

IPC 102 vs BNS 40: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section10240
OffenceCommencement and continuance of the right of private defence of the bodySame
PunishmentNone. Section 102 IPC creates no offence.None. Section 40 BNS creates no offence.
FineNone.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 102 and BNS 40: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 102, IPC 1860

102. Commencement and continuance of the right of private defence of the body.—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.
BNS 2023 (in force)

Section 40, BNS 2023

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.

Ingredients: IPC 102 vs BNS 40

Under IPC 102
  1. There is a reasonable apprehension of danger to the body
  2. The danger arises from an attempt or threat to commit an offence against the body
  3. The right lasts only as long as the apprehension of danger continues
Under BNS 40
  1. There is a reasonable apprehension of danger to the body
  2. The danger arises from an attempt or threat to commit an offence against the body
  3. The right lasts only as long as the apprehension of danger continues

What IPC 102 to BNS 40 Means for Pending Cases

For Section 102 IPC (now Section 40 BNS): nothing changes in when the right of private defence of the body begins or ends. Section 40 BNS applies the same test.

FAQs: IPC 102 to BNS 40

What changed when Section 102 IPC became Section 40 BNS?▼

Nothing in the words of the rule. Section 40 BNS repeats it, and only the heading is shorter.

Where does Section 102 IPC sit in the BNS?▼

In Section 40 BNS, in Chapter III, General Exceptions.

Does Section 102 IPC or Section 40 BNS apply to an act done before 1 July 2024?▼

Section 102 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 102 IPC. Section 40 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 ·