Introduction of BNS 40
BNS 40 of the Bharatiya Nyaya Sanhita, 2023, defines the scope of the right of private defence of the body and property. It replaces IPC Section 102 and provides clarity on when this right begins and when it continues. Understanding this provision is important for every citizen, as it empowers individuals to protect themselves and their property without exceeding the lawful boundaries set by the law. In this article, we break down BNS Section 40 in simple terms, compare it with the old IPC provision, and explain its real-life importance with examples.
The Bharatiya Nyaya Sanhita (BNS) Section 40 replaces the old Indian Penal Code (IPC) Section 102.
What is section 40 of BNS ?
BNS Section 40 says that you can start defending yourself as soon as you feel there is a real danger to your body, and you can keep defending yourself until the danger is completely gone.
Bharatiya Nyaya Sanhita Section 40
The right of private defence of the body commences as soon as there is a reasonable apprehension of danger to the body from an attempt or threat to commit an offence, though the offence may not have been committed; and it continues as long as such apprehension of danger to the body continues.
(This corresponds to IPC Section 102, now updated under the BNS 2023.)
1. Meaning of Section 40
BNS Section 40 explains when the right to defend your body begins and how long it lasts. It makes clear that you do not need to wait for an actual attack to occur; the right starts the moment you reasonably fear danger to your safety. This protection continues until the threat or danger has completely passed.
2. Purpose of Section 40
The main purpose of this section is to give people legal protection so they can act immediately when they feel threatened. It ensures that individuals are not forced to wait until they are physically attacked. Instead, as soon as a real and reasonable fear of danger exists, the law allows them to defend themselves.
3. Essential Ingredients of Section 40
To claim the right of private defence under this section:
- There must be a reasonable apprehension of danger to the body.
- The right starts at the moment of threat and not only after harm is caused.
- The right continues as long as the fear or danger exists.
- Once the danger ends, the right also comes to an end immediately.
4. Punishment under Section 40
If a person exercises the right of private defence within the limits of Section 40, no criminal liability arises. The law protects such acts completely. However, if a person continues to use force after the threat is over, or uses more force than necessary, they may be held liable for excessive action.
5. Examples of Section 40 in Action
- Example 1 – Knife Attack: If someone runs toward you with a knife, you do not have to wait until they stab you. You can defend yourself immediately because the danger has already begun.
- Example 2 – Pointing a Gun: If a person points a loaded gun at you, you can defend yourself instantly. Waiting for them to fire is not required under the law.
- Example 3 – Danger Ends: If the attacker drops their weapon and runs away, your right to private defence ends immediately. Chasing and harming them after this point would not be protected.
- Example 4 – Reasonable Fear: If you see a person about to hit you with a stick, you can push them away before they actually strike. The law protects this pre-emptive action.
6. Importance of Section 40
This section is important because it:
- Empowers people to act without delay when they face danger.
- Protects against hesitation that could cause harm.
- Ensures that individuals remain protected only as long as the danger exists.
- Balances the right of self-defence with the duty to avoid unnecessary violence.
Section 40 BNS Overview
BNS Section 40 explains when you can start defending yourself and how long you can keep defending yourself. It says that your right to protect yourself begins as soon as you feel there is a real danger, and this right lasts until the danger is completely gone.
10 Key Points about BNS Section 40
Start Defending When You Feel Scared: Your right to defend yourself begins as soon as you feel a real and reasonable fear of harm. You do not need to wait until the attacker actually causes injury. For example, if someone runs at you with a knife, you can defend yourself immediately.
No Need to Wait: The law does not require you to wait for the first strike. If you believe the person is about to harm you, you can act right away. For instance, if someone is about to hit you with a stick, you can push them back before they land the blow.
A Threat is Enough: Even a real and immediate threat is sufficient to trigger your right of self-defense. You don’t have to wait for the harm to happen. For example, if someone points a loaded gun at you, you can defend yourself without waiting for them to shoot.
Keep Defending Until the Danger is Gone: Your right continues for as long as the danger exists. Once the threat is over, however, your right ends. For instance, if the attacker drops their weapon and runs away, you cannot chase and harm them in the name of self-defense.
Act Quickly: The law recognizes that hesitation can put you at risk, so an immediate response is justified. For example, if someone suddenly tries to snatch your chain, you can react instantly to protect yourself.
Stay Safe Until You’re Sure: You may keep defending yourself until you are completely sure the danger has passed. If attackers are nearby but not yet gone, you are still justified in staying defensive until safety is restored.
Reasonable Fear: The fear of harm must be reasonable and not imaginary. Courts will consider what an ordinary person would feel in the same situation. For example, if someone jokingly waves a toy gun, you cannot claim self-defense unless you reasonably believed it was real.
Stop When Safe: Once the threat is gone, your right to defend yourself ends immediately. If you continue attacking after the danger is over, you turn from defender into offender.
Law Protects Your Right to Defend: The law fully supports you in defending yourself from the moment danger begins until it ends. If you injure someone while protecting yourself within these limits, you are legally protected.
Don’t Use More Force Than Needed: You are allowed to use only the force necessary to stop the threat. Once the danger is gone, continuing to harm the attacker is not self-defense. For example, if you push away an attacker and they fall, you must stop once they are no longer a threat.
Difference between: BNS Section 40 vs IPC Section 102
| Section | Offence | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 40 | Commencement and continuance of the right of private defence of the body. | No specific punishment if the act is within lawful self-defence. | Not Applicable (depends on act committed in defence). | Not Applicable (self-defence acts are not offences if lawful). | Courts assess based on facts of each case. |
| IPC Section 102 (Old) | Commencement and continuance of the right of private defence of the body. | No punishment when the act falls under lawful self-defence. | Not Applicable (depends on act committed in defence). | Not Applicable (self-defence acts are not offences if lawful). | Courts decide according to circumstances. |
BNS Section 40 FAQs
When does my right to defend myself start?
It starts as soon as you feel a real threat to your safety, even if the attack hasn’t begun.
Do I have to wait until I’m attacked to defend myself?
No, you can defend yourself as soon as you sense a threat.
How long can I defend myself?
You can defend yourself for as long as the danger continues.
What if the danger isn’t immediate?
If you have a reasonable fear of danger, you can act to protect yourself.
Conclusion
BNS Section 40 plays a vital role in safeguarding the right of private defence for individuals. It ensures that people can lawfully protect their body and property when faced with imminent danger, while also preventing misuse of this right. Compared to IPC Section 102, this new provision is more citizen-focused and aligns with modern-day justice needs. By understanding the scope and limitations of Section 40, every person can exercise self-defence responsibly and within legal boundaries.
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Finished with BNS Section 40 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding..
BNS 41 : When the right of private defence of property extends to causing death
https://marriagesolution.in/bns_section/bns-41/
BNS 42 : When such right extends to causing any harm other than death
https://marriagesolution.in/bns_section/bns-42/
BNS 43 : Commencement and continuance of the right of private defence of property
https://marriagesolution.in/bns_section/bns-43/
BNS 44 : Right of private defence against deadly assault when there is risk of harm to innocent person
https://marriagesolution.in/bns_section/bns-44/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
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Full BNSS Section List: https://marriagesolution.in/bnss_section-list