INDIAN PENAL CODE, 1860
BHARATIYA NYAYA SANHITA, 2023
100. When the right of private defence of the body extends to causing
38. When right of private defence of body extends to causing death.
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
INDIAN PENAL CODE, 1860
When the right of private defence of the body extends to causing
death.
100. When the right of private defence of the body extends to
causing death.--The right of private defence of the body extends,
under the restrictions mentioned in the last preceding section, to the
voluntary causing of death or of any other harm to the assailant, if
the offence which occasions the exercise of the right be of any of the
descriptions hereinafter enumerated, namely:-
First.-Such an assault as may reasonably cause the
apprehension that death will otherwise be the consequence of such
assault;
Secondly.-Such an assault as may reasonably cause the
apprehension that grievous hurt will otherwise be the consequence
of such assault;
Thirdly.-An assault with the intention of committing rape;
Fourthly.-An assault with the intention of gratifying
unnatural lust;
Fifthly.-An assault with the intention of kidnapping or
abducting;
Sixthly.-An assault with the intention of wrongfully
confining a person, under circumstances which may reasonably
cause him to apprehend that he will be unable to have recourse to
the public authorities for his release.
Repealed / historical reference India Code — IPC 1860
BHARATIYA NYAYA SANHITA, 2023
38. When right of private defence of body extends to causing death.—The right of private
defence of the body extends, under the restrictions specified in section 37, to the voluntary causing of
death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of
any of the descriptions hereinafter enumerated, namely:—
(a) such an assault as may reasonably cause the apprehension that death will otherwise be the
consequence of such assault;
(b) such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be
the consequence of such assault;
(c) an assault with the intention of committing rape;
(d) an assault with the intention of gratifying unnatural lust;
(e) an assault with the intention of kidnapping or abducting;
(f) an assault with the intention of wrongfully confining a person, under circumstances which
may reasonably cause him to apprehend that he will be unable to have recourse to the public
authorities for his release;
(g) an act of throwing or administering acid or an attempt to throw or administer acid which may
reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such act.
Current law India Code — BNS 2023