BNS Section 38- When right of private defence of body extends to causing death | Bharatiya Nyaya Sanhita 2023
Hello readers! Today, we are going to break down Section 38 of the new Bharatiya Nyaya Sanhita (BNS) 2023. If you've been wondering what exactly this section covers and how it impacts our legal system, you're in the right place.
Bare Act Text
When right of private defence of body extends to causing death.—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:—
such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault;
such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault;
an assault with the intention of committing rape;
an assault with the intention of gratifying unnatural lust;
an assault with the intention of kidnapping or abducting;
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;
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.
Procedural Details
Punishment
Depends on original offence
Nature of Offense
Depends on original offence
Bail Eligibility
Depends on original offence
Compoundability
Non-Compoundable (Refer to BNSS 359 for exceptions)
Trial Court
Depends on original offence
Frequently Asked Questions about BNS Section 38
What is Section 38 of the Bharatiya Nyaya Sanhita (BNS)?
According to the official bare act, this legal offense is defined as: When right of private defence of body extends to causing death.—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:—
such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault;
such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault;
an assault with the intention of committing rape;
an assault with the intention of gratifying unnatural lust;
an assault with the intention of kidnapping or abducting;
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;
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.
What is the punishment under BNS Section38 ?
The punishment for this specific offense is outlined under the new law as: Depends on original offence
Is BNS Section 38 bailable or non-bailable?
Under the new legal framework, this specific offense is classified as a Depends on original offenceoffense.
Is BNS Section 38 a cognizable offense?
The legal status regarding police arrest without a warrant is that this offense isDepends on original offence.
Which court has the jurisdiction to try cases under BNS Section 38 ?
Cases pertaining to this specific BNS section are triable by the Depends on original offence.
Can BNS Section 38 be compromised (Compoundable)?
The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to BNSS 359 for exceptions).
Pramod Editor-in-Chief
Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.