Section 40 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 40 of the Bharatiya Nyaya Sanhita (BNS), 2023, pertains to the commencement and continuance of the right of private defence of the body. It establishes that an individual has the right to defend themselves when they have a reasonable apprehension of danger to their body, even if the offence has not yet been committed. This right continues as long as the apprehension of danger persists
This provision aligns with Section 102 of the Indian Penal Code (IPC), 1860, which similarly grants the right of private defence of the body under comparable circumstances.
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