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BNS Section 40: Commencement and Continuance of Right of Private Defence of Body
Section 40 BNS is part of CHAPTER 3 GENERAL EXEMPTIONS in Bharatiya Nyaya Sanhita 2023 Act. It clarifies that this right arises when an individual is under immediate threat of harm and persists until such a threat ceases to exist. The provision ensures that self-defence is exercised only during the period of actual danger, maintaining a balance between lawful protection and the prevention of excessive or unnecessary force.
Definition of Section 40 of BNS
Section 40 of BNS 2023 States: 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.
Explanation and Illustration of BNS Section 40
Section 40 defines the right of private defence as beginning the moment a person reasonably apprehends danger to their body, even if the offence has not yet been committed. This right persists as long as the threat or apprehension of harm continues.
Scenario:
A person is walking home at night when an individual brandishes a knife and threatens to attack. Although no physical assault has occurred yet, the person has a reasonable fear of imminent harm. To protect themselves, they use pepper spray to incapacitate the attacker and escape.
In this situation:
- The right of private defence began as soon as the threat (knife brandishing) created an apprehension of danger.
- The defensive act (pepper spray) is justified as long as the danger persists.
Disclaimer
The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
Key points of BNS-40
BNS-40 outlines an individual’s right to protect themselves when their body is under threat, emphasising the importance of self-defence in situations of imminent danger.
Key Provisions
Differences Between Section 40 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 40 of the Bharatiya Nyaya Sanhita and its equivalent to IPC Section 102, focusing on their distinct approaches to definitions, interpretations, and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 40 | Commencement and continuance of the right of private defence of the body. | 102 | No change. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 40 of the Bharatiya Nyaya Sanhita (BNS)
Examples:
Example 1: If a person reasonably fears an impending assault, the right to private defence of the body begins immediately, even if the assault has not yet taken place. This right continues as long as the fear of the assault persists
Example 2: If someone perceives a threat of violence, but the act of violence has not yet occurred, they are still entitled to exercise the right of private defence of the body. This right continues as long as they have a reasonable fear that the threat may be carried out.
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