Section 40 Earlier IPC 102
Commencement and continuance of right of private defence of body
Chapter 3: General exceptions
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.
The Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
- 37Acts against which there is no right of private defenceIPC 99
- 38When right of private defence of body extends to causing deathIPC 100
- 39When such right extends to causing any harm other than deathIPC 101
- 41When right of private defence of property extends to causing deathIPC 103
- 42When such right extends to causing any harm other than deathIPC 104
- 43Commencement and continuance of right of private defence of propertyIPC 105