Section 38 of The Bharatiya Nyaya Sanhita(BNS),2023

Section 38 of The Bharatiya Nyaya Sanhita(BNS),2023

38. 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.