Commencement and continuance of right of private defence of body

Q: When did Section 40 of the Bharatiya Nyaya Sanhita come into force?

Section 40 of the Bharatiya Nyaya Sanhita, cited as BNS 40, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.

In force From 01 Jul 2024 Act 45 of 2023 As on 14 Oct 2026

Act 45 of 2023 Ministry Home Affairs Enacted 25 Dec 2023 In force 01 Jul 2024

Section 40 of the Bharatiya Nyaya Sanhita, 2023 deals with commencement and continuance of right of private defence of body. 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; The Act came into force on 01 Jul 2024.

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.
Section 40, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).

Replaces a provision of the Indian Penal Code

IPC 102 body Close, with changes 80%

Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.

Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.

Questions about Section 40

What does Section 40 of the Bharatiya Nyaya Sanhita deal with?

Section 40 of the Bharatiya Nyaya Sanhita is headed "Commencement and continuance of right of private defence of body". 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;

How do I find court cases under Section 40 of the Bharatiya Nyaya Sanhita?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 40, section 40 BNS, section 40 of the Bharatiya Nyaya Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 40 of the Bharatiya Nyaya Sanhita, and has it changed?

It carries forward IPC 102 (body), so the judgments decided under that provision are the case law on this one.

When did Section 40 of the Bharatiya Nyaya Sanhita come into force?

Section 40 of the Bharatiya Nyaya Sanhita, cited as BNS 40, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.