Section 38 Of The Bharatiya Nyaya Sanhita, 2023
Searching for Section 38 of The Bharatiya Nyaya Sanhita, 2023 it also know as Section 38 of BNS Act 2023.
Section 38 of the Bharatiya Nyaya Sanhita (BNS) talks about “When right of private defence of body extends to causing death.“
Section 38 Of The Bharatiya Nyaya Sanhita, 2023
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.