Section 102 IPC: Commencement and continuance of the right of private defence of the body

Indian Penal Code, 1860

Section 102 IPC at a Glance

Section 102 IPC deals with commencement and continuance of the right of private defence of the body. From 1 July 2024 it is replaced by Section 40 BNS.

Punishment

None. Section 102 IPC creates no offence.

BNS Equivalent

Section 40 →

Section 102 IPC Bare Act Text

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.

Source: Section 102, Indian Penal Code, 1860

Section 102 IPC in Simple Words

Section 102 of the Indian Penal Code (IPC) says when the right of private defence of the body begins and how long it lasts. It begins 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 has not been committed, and it lasts as long as that apprehension of danger continues.

Ingredients of Section 102 IPC

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 102 IPC

Imprisonment

None. Section 102 IPC creates no offence.

Fine

None.

Section 102 IPC is a General Exception. It has no entry in the First Schedule to the CrPC.

Example of Section 102 IPC

In August 2019 in Coimbatore, Mohan lunged at Karthik in a residential lane while swinging a heavy bamboo stave and threatening to smash his head. Even though Mohan had not struck him and the offence had not yet been committed, a reasonable apprehension of danger to Karthik's body arose from Mohan's threat and attempt. Karthik immediately grappled with Mohan and held his wrists until neighbours disarmed Mohan and he ran away, ending the danger. Karthik's right of private defence of the body commenced with the threat and continued while the apprehension lasted under Section 102 IPC.

When Section 102 IPC Does Not Apply

A person uses force when the circumstances do not give rise to any reasonable apprehension of danger to the body.
No attempt or threat to commit an offence against the body has yet been made by the other person.
The assailant has retreated or been disarmed so that the apprehension of bodily danger has already ceased.
A person strikes back after the threat to the body has ended, acting out of retaliation rather than during continuing apprehension.

Section 102 IPC in the BNS

Section 102 IPC is now covered under Section 40 BNS.

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

View detailed comparison (IPC 102 vs BNS 40) →

FAQs on Section 102 IPC

What does Section 102 IPC say?▼

That the right of private defence of the body begins as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence, and lasts as long as that apprehension continues.

Must I wait to be hurt before I can defend myself under Section 102 IPC?▼

No. The right begins with the attempt or threat, even though the offence has not been committed.

When does the right of private defence of the body end under Section 102 IPC?▼

When the apprehension of danger to the body ends.

Is Section 102 IPC an offence?▼

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

What is the BNS equivalent of Section 102 IPC?▼

Section 40 BNS.

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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 ·