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BNS Section 40

Commencement and continuance of the right of private defence of the body

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.


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Key Points for BNS-40:
 

  1. Right of Private Defence of the Body:
     

    • BNS-40 establishes the right of private defence for an individual when there is a threat to their body. This right is essential for protecting oneself when facing imminent danger or harm.
       

  2. Commencement of the Right:
     

    • The right to defend oneself begins as soon as there is a reasonable apprehension of danger to the body. This means that an individual does not need to wait until an offence has been fully committed to act in self-defence. The apprehension of an imminent threat is enough to initiate the right.
       

  3. Reasonable Apprehension:
     

    • The term "reasonable apprehension" refers to the belief that a person has regarding the likelihood of harm. It must be based on the circumstances that would cause a reasonable person to fear for their safety. This could be due to an attempt or a threat to commit an offence, even if the offence is not carried out.
       

  4. Continuation of the Right:
     

    • The right of private defence continues as long as the apprehension or threat to the body persists. This means that the person can continue to defend themselves until the danger or threat is completely removed or neutralized.
       

  5. Proportionality:
     

    • Although BNS-40 gives individuals the right to protect themselves, the force used in self-defence must be proportionate to the threat. The right does not justify excessive or unnecessary force beyond what is required to neutralize the immediate danger.
       

In summary, BNS-40 allows a person to defend themselves from any threat or apprehension of danger, beginning from the moment they reasonably feel endangered, and this right remains valid until the danger no longer exists.




Get the full list of all sections in the Bharatiya Nyaya Sanhita (BNS) here. Our comprehensive guide offers detailed information and analysis on every BNS section to enhance your legal knowledge.


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