Section 40 BNS: Commencement and continuance of right of private defence of body

Bharatiya Nyaya Sanhita, 2023

Section 40 BNS at a Glance

Section 40 BNS deals with commencement and continuance of right of private defence of body. It replaced Section 102 IPC on 1 July 2024.

Punishment

None. Section 40 BNS creates no offence.

IPC Equivalent

Section 102 →

Section 40 BNS Bare Act Text

40. 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.

Source: Section 40, Bharatiya Nyaya Sanhita, 2023

Section 40 BNS in Simple Words

Section 40 of the Bharatiya Nyaya Sanhita (BNS) sets out when the right of private defence of the body begins and how long it lasts. It applies to any person exercising the right of private defence of the body under the General Exceptions chapter. Under this provision, the right commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence, even though the offence itself may not yet have been committed.

The right of private defence of the body continues only for as long as that reasonable apprehension of danger to the body continues. This means a defender does not have to wait for the attacker to actually strike the first blow before defending the body, provided the threat or attempt creates a reasonable fear of bodily danger. Equally, once the threat or attempt has ceased and the reasonable apprehension of danger to the body is over, the right of private defence comes to an end. Section 40 BNS is a General Exception and prescribes no punishment.

Ingredients of Section 40 BNS

  • There is a reasonable apprehension of danger to the body
  • The danger arises from an attempt or threat to commit an offence against the body
  • The right lasts only as long as the apprehension of danger continues

Punishment Under Section 40 BNS

Imprisonment

None. Section 40 BNS creates no offence.

Fine

None.

Section 40 BNS is a General Exception. It has no entry in the First Schedule to the BNSS.

Example of Section 40 BNS

In Jaipur, a man standing outside a shop shouts that he will break a trader's arm and raises an iron rod. The trader may defend himself at once, since the right begins with the reasonable apprehension and does not wait for the first blow. Once the man drops the rod and walks away, the apprehension is over and so is the right.

When Section 40 BNS Does Not Apply

  • There is no reasonable apprehension of danger to the body
  • The danger has passed and the force used is revenge for what happened
  • The right is claimed before any attempt or threat has been made

Section 40 BNS in the IPC (Previous Law)

Section 40 BNS replaces Section 102 IPC from the old criminal code.

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

View IPC Section 102 →

FAQs on Section 40 BNS

When does the right of private defence of the body start under Section 40 BNS?▼

Under Section 40 BNS, 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. It starts even though the offence itself may not have been committed.

Do I have to wait until the offence is committed to act under Section 40 BNS?▼

No. Section 40 BNS explicitly states that the right commences from an attempt or threat to commit the offence, though the offence may not have been committed. What matters is that a reasonable apprehension of danger to the body has arisen.

How long does the right of private defence of the body continue under Section 40 BNS?▼

Under Section 40 BNS, the right continues as long as the reasonable apprehension of danger to the body continues. Once that apprehension of danger to the body ends, the right of private defence also ends.

Does Section 40 BNS prescribe any punishment?▼

No. Section 40 BNS does not create an offence or prescribe any punishment. It only defines when the right of private defence of the body commences and how long it continues.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·