BNS Section 38 — When right of private defence of body extends to causing death

Summary

The right of private defence of the body extends, under the restrictions specified in section 37, to voluntarily causing the death of the assailant or causing any other harm to the assailant, but only if the offence that triggers the exercise of this right falls into one of the categories listed below.

Under clause (a), the right applies when the assault is such that it may reasonably cause the apprehension that death will otherwise result from the assault.

Under clause (b), the right applies when the assault is such that it may reasonably cause the apprehension that grievous hurt will otherwise result from the assault.

Under clause (c), the right applies when the assault is carried out with the intention of committing rape.

Under clause (d), the right applies when the assault is carried out with the intention of gratifying unnatural lust.

Under clause (e), the right applies when the assault is carried out with the intention of kidnapping or abducting.

Under clause (f), the right applies when the assault is carried out with the intention of wrongfully confining a person, under circumstances which may reasonably cause that person to apprehend that he will be unable to have recourse to the public authorities for his release.

Under clause (g), the right applies when the act is one of throwing or administering acid, or an attempt to throw or administer acid, which may reasonably cause the apprehension that grievous hurt will otherwise result from such act.

Official Text

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.

Related Judgments

• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
• SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
• SC (2025) Vol.2 p.80 — Supreme Court of India (2025)
• SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)
• SC (2024) Vol.6 p.129 — Supreme Court of India (2024)

Old <-> New Code Mapping

• IPC §100 — When right of private defence of body extends to causing death