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

Indian Penal Code, 1860

Section 100 IPC at a Glance

Section 100 IPC deals with when the right of private defence of the body extends to causing death. From 1 July 2024 it is replaced by Section 38 BNS.

Punishment

None. Section 100 IPC creates no offence.

BNS Equivalent

Section 38 →

Section 100 IPC Bare Act Text

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.

Source: Section 100, Indian Penal Code, 1860

Section 100 IPC in Simple Words

Section 100 of the Indian Penal Code (IPC) says when the right of private defence of the body goes as far as voluntarily causing death or any other harm to the assailant.

It does so only for seven kinds of assault, including one that reasonably causes the apprehension of death or of grievous hurt, an assault with intent to rape, and an acid attack, and only within the restrictions in Section 99 IPC.

Ingredients of Section 100 IPC

  • The right of private defence of the body is being exercised, within the restrictions in Section 99 IPC
  • 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
  • The harm caused is no more than necessary for the purpose of defence

Punishment Under Section 100 IPC

Imprisonment

None. Section 100 IPC creates no offence.

Fine

None.

Section 100 IPC is a General Exception. It has no entry in the First Schedule to the CrPC.

Example of Section 100 IPC

In 2019 in Surat, while Rekha was walking to her college early in the morning, a stalker named Manoj blocked her path in a deserted lane, uncapped a glass bottle of concentrated acid, and lunged to fling the acid at her face. With no time to seek help from the public authorities and reasonably fearing that grievous hurt would otherwise be the consequence, Rekha grabbed a wooden fence post lying nearby and struck Manoj on the chest to stop the attack. Manoj died from the blow. Rekha's right of private defence extended to causing his death under Section 100 IPC.

When Section 100 IPC Does Not Apply

  • The assault does not fall under any of the seven descriptions in Section 100 IPC, such as an ordinary assault that causes no reasonable apprehension of death or grievous hurt.
  • The defender has time to seek the protection of the public authorities before resorting to fatal force.
  • Causing death inflicts more harm than is necessary for the purpose of defence.
  • The act is done in good faith under colour of office by a known public servant and does not reasonably cause the apprehension of death or grievous hurt.

Section 100 IPC in the BNS

Section 100 IPC is now covered under Section 38 BNS.

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.

View detailed comparison (IPC 100 vs BNS 38) →

FAQs on Section 100 IPC

What does Section 100 IPC say?▼

That the right of private defence of the body extends to voluntarily causing death or any other harm to the assailant, under the restrictions in Section 99 IPC, when the offence is one of seven described kinds of assault.

Under Section 100 IPC, in which cases can death be caused in private defence?▼

Where there is an assault reasonably causing the apprehension of death or grievous hurt, or with intent to commit rape, gratify unnatural lust, kidnap or abduct, wrongfully confine with no recourse to the 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.

Was the acid case always part of Section 100 IPC?▼

No. The seventh case was added by amendment, and the BNS keeps it as clause g.

Is Section 100 IPC an offence?▼

No. It creates no offence. It is a General Exception.

What is the BNS equivalent of Section 100 IPC?▼

Section 38 BNS, which sets the seven cases out as clauses a to g.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·