Section 100 of the Bharatiya Nyaya Sanhita (BNS), 2023
🔹 Section 100 – Right of Private Defence Against Death or Grievous Hurt
🧾 What does Section 100 say?
Section 100 explains when a person is justified in using deadly force or causing grievous hurt to defend themselves or others from an unlawful attack.
⚖️ Key Points:
When deadly force is allowed:
A person can use force likely to cause death or serious injury to protect themselves or someone else from an imminent and unlawful attack if the attack involves:
Threat of death or grievous hurt, or
Threat of kidnapping or wrongful confinement, or
Threat of rape.
Necessity of Defence:
The use of such force must be necessary to prevent the harm. It means no lesser force could protect effectively.
Unlawful Attack:
The attack must be illegal and immediate.
Defence of Property:
Defence causing death is not justified if the threat is only to property, except in very specific and grave circumstances.
🔍 Purpose of Section 100:
To protect the right to life and bodily integrity.
To allow individuals to defend themselves or others even if it means using deadly force.
To set clear limits on when such force is legally justified.
⚙️ When does this section apply?
If someone attacks you with a weapon intending to cause serious harm.
If someone threatens to kidnap a person.
If someone attempts to rape or cause grievous hurt.
You are allowed to respond with equal or greater force necessary to stop the attack.
📌 Summary Table:
Element | Explanation |
---|---|
Right to Defence | Against imminent unlawful attack causing death/grievous hurt. |
Use of Force | Deadly force permitted if necessary to prevent harm. |
Not Justified | For protecting only property (except very serious cases). |
Purpose | Protect life, prevent kidnapping, grievous hurt, or rape. |
📚 Example:
If someone tries to stab you intending to kill or seriously injure you, you may use necessary force, even deadly force, to stop the attacker under Section 100.
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