The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence though the offence may not have been committed; and it continues as long as such apprehension of danger to the body continues.
Central Act · India · Chapter III — General Exceptions
Section 40 BNS Commencement and continuance of right of private defence of body
Bharatiya Nyaya Sanhita, 2023 · Edition: Original enacted Gazette, 25 December 2023; UP Police comparison table supplied in 2024
Judgments on Section 40
LOK 1952 (3) SC 202 · Supreme Court of India
Amjad Khan v. State
Equivalent citations: [1952] 1 S.C.R. 567 : 1952 INSC 14
SubjectCriminal Law
ActsIndian Penal Code 1860 (Sec 97 102 105)
Shopkeeper firing gunshots to defend family from violent mob looting surrounding shops acted within legitimate right of private defence under Section 102 IPC; acquittal ordered.