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Indian Penal Code, 1860 · Chapter IV: General Exceptions · Of the Right of Private Defence

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

The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.

Now in the BNS section 40 (Commencement and continuance of right of private defence of body)

In plain words

The right of private defence of the body begins as soon as a reasonable fear of danger to the body arises from an attempt or threat to commit an offence, even if no offence has been committed, and continues as long as that fear continues.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Read the in-depth explanation, with key Supreme Court rulings ↓

Official text

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.

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.

Understanding this section

Section 102 fixes when the right of private defence of the body begins and ends. It begins as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence, even if the offence has not been committed, and continues as long as that apprehension continues.

Key points

  • The person need not wait to be struck first; a reasonable apprehension from an attempt or threat is enough.
  • A mere threat with no present means of carrying it out does not create the apprehension.
  • The right ends when the apprehension ends: once the attacker flees, is disarmed or is overpowered, further force is not defence.
  • Reasonableness is judged from the accused's position at the time, not with hindsight.

The common mistake

Many convictions turn on the moment the danger ended. Blows struck while the attacker is advancing are protected; the same blows struck after the attacker has fallen or run away are not. Courts look closely at the sequence of events and the location of injuries to decide this.

Key Supreme Court rulings

  • Narain Singh v. State of Haryana 2008 INSC 471

    The right to defend does not include a right to launch an offensive, particularly when the need to defend no longer survives.

Common mistakes

  • Requiring the accused to be attacked first before acting.
  • Allowing force after the danger has clearly ended.

Read with: Section 105 IPC, Section 97 IPC, Section 40 BNS

Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.

Supreme Court judgments citing the section 102