Introduction of BNS 40
BNS Section 40 about when the right to defend your body starts and how long it lasts. It explains that you can protect yourself from the moment you feel there is a real danger, even if the threat hasn’t fully happened yet, and this right continues as long as the danger exists.
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.

BNS Section 40 in Simple Points
- Start of the Right to Defend:
You have the right to defend yourself as soon as you feel there is a real threat to your safety, even if the attack hasn’t started yet. - Continuance of the Right:
Your right to defend yourself continues as long as you believe there is a danger to your body. It does not stop until the danger is gone. - Reasonable Fear:
The right to defend yourself starts when you have a reasonable fear that someone might harm you. This means that you do not need to wait for the attack to begin. - Defense Without Delay:
You can act immediately to protect yourself as soon as you sense a threat. You do not have to wait until the danger becomes serious. - Protection Until Safe:
You can keep defending yourself until you are sure that the danger is over. This ensures that you stay safe until the threat is completely gone.
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:
You can start defending yourself as soon as you feel scared that someone might hurt you.
No Need to Wait:
You don’t have to wait for the person to attack you. If you think they might hurt you, you can protect yourself right away.
A Threat is Enough:
Even if they haven’t hurt you yet, just the threat of harm allows you to defend yourself.
Keep Defending Until the Danger is Gone:
You can keep protecting yourself as long as the danger is still there. Once the danger is gone, you should stop.
Act Quickly:
You can act fast to protect yourself as soon as you sense danger.
Stay Safe Until You’re Sure:
You can keep defending yourself until you are sure there is no more danger.
Reasonable Fear:
The fear or danger should be something that any normal person would also feel is dangerous.
Stop When Safe:
When the threat is gone, your right to defend yourself also ends.
Law Protects Your Right to Defend:
The law allows you to defend yourself from the moment you feel in danger.
Don’t Use More Force Than Needed:
Once the danger is gone, you should not continue using force.
Bharatiya Nyaya Sanhita Section 40
Offence | Definition | Punishment | Bailable |
---|---|---|---|
Defending yourself when you feel threatened | Protecting yourself from harm when you believe there is a real danger | No specific punishment if within the law | Yes |
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.
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