Section 40 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 40 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the commencement and continuance of the right of private defence of the body. It states that this right begins as soon as there is a reasonable apprehension of danger to the body arising from an attempt or threat to commit an offence, even if the offence has not yet been committed. The right continues as long as such apprehension persists .
This provision corresponds to Section 102 of the Indian Penal Code (IPC), 1860, which similarly recognizes the right of private defence of the body under comparable circumstances .(
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