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Section 45 of The Bharatiya Nyaya Sanhita(BNS),2023

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Section 45 of The Bharatiya Nyaya Sanhita(BNS),2023 45. A person abets the doing of a thing, who— (a) instigates any person to do that thing; or (b) engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or (c) intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1.—A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. Illustration. A, a public officer, is authorised by a warrant from a Court to apprehend Z. B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C. ...
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Section 44 of The Bharatiya Nyaya Sanhita(BNS),2023

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Section 44 of The Bharatiya Nyaya Sanhita(BNS),2023 44. If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk.    Illustration. A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children.
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Section 43 of The Bharatiya Nyaya Sanhita(BNS),2023

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Section 43 of The Bharatiya Nyaya Sanhita(BNS),2023 43. The right of private defence of property,–– (a) commences when a reasonable apprehension of danger to the property commences; (b) against theft continues till the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the property has been recovered; (c) against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or of instant personal restraint continues; (d) against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief; (e) against house-breaking after sunset and before sun rise continues as long as the house-trespass which has been begun by such house-breaking continues.
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Section 42 of The Bharatiya Nyaya Sanhita(BNS),2023

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Section 42 of The Bharatiya Nyaya Sanhita(BNS),2023 42. If the offence, the committing of which, or the attempting to commit which occasions the exercise of the right of private defence, be theft, mischief, or criminal trespass, not of any of the descriptions specified in section 41, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions specified in section 37, to the voluntary causing to the wrong-doer of any harm other than death.
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Section 41 of The Bharatiya Nyaya Sanhita(BNS),2023

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Section 41 of The Bharatiya Nyaya Sanhita(BNS),2023 41. The right of private defence of property extends, under the restrictions specified in section 37, to the voluntary causing of death or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter enumerated, namely:— (a) robbery; (b) house-breaking after sun set and before sun rise; (c) mischief by fire or any explosive substance committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or as a place for the custody of property; (d) theft, mischief, or house-trespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised.
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Section 40 of The Bharatiya Nyaya Sanhita(BNS),2023

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Section 40 of The Bharatiya Nyaya Sanhita(BNS),2023 40. 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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Section 39 of The Bharatiya Nyaya Sanhita(BNS),2023

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Section 39 of The Bharatiya Nyaya Sanhita(BNS),2023 39. If the offence be not of any of the descriptions specfied in section 38, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions specified in section 37, to the voluntary causing to the assailant of any harm other than death.
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