Section 44 BNS: Right of private defence against deadly assault when there is risk of harm to innocent person

Section 44 BNS: Right of private defence against deadly assault when there is risk of harm to innocent person

Section 44 BNS | BNS 44 | BNS Section 44 If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence … Read more

Section 43 BNS: Commencement and continuance of right of private defence of property

Section 43 BNS: Commencement and continuance of right of private defence of property

Section 43 BNS | BNS 43 | BNS Section 43 The right of private defence of property,— (a) commences when a reasonable apprehension of danger to the property commences; (b) against theft continues till the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the … Read more

Section 42 BNS: When such right extends to causing any harm other than death

Section 42 BNS: When such right extends to causing any harm other than death

Section 42 BNS | BNS 42 | BNS Section 42 If the offence, the committing of which, or the attempting to commit which occasions the exercise of the right of private defence, be theft, mischief, or criminal trespass, not of any of the descriptions specified in section 41, that right does not extend to the … Read more

Section 41 BNS: When right of private defence of property extends to causing death

Section 41 BNS: When right of private defence of property extends to causing death

Section 41 BNS | BNS 41 | BNS Section 41 The right of private defence of property extends, under the restrictions specified in section 37, to the voluntary causing of death or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise … Read more

Section 40 BNS: Commencement and continuance of right of private defence of body

Section 40 BNS: Commencement and continuance of right of private defence of body

Section 40 BNS | BNS 40 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 … Read more

Section 39 BNS: When such right extends to causing any harm other than death

Section 39 BNS: When such right extends to causing any harm other than death

Section 39 BNS | BNS Section 39 | BNS 39 If the offence be not of any of the descriptions specified in Section 38, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions specified in Section 37, to … Read more

Section 38 BNS: When right of private defence of body extends to causing death

Section 38 BNS: When right of private defence of body extends to causing death

Section 38 BNS | BNS 38 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:— … Read more

Section 37 BNS: Acts against which there is no right of private defence

Section 37 BNS: Acts against which there is no right of private defence

Section 37 BNS | BNS 37 37(1) BNS There is no right of private defence,— (a) against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act, … Read more

Section 36 BNS: Right of private defence against act of a person of unsound mind, etc.

Section 36 BNS: Right of private defence against act of a person of unsound mind, etc

Section 36 BNS | BNS 36 | BNS Section 36 When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on … Read more

Section 35 BNS: Right of private defence of body and of property

Section 35 BNS: Right of private defence of body and of property

Section 35 BNS | BNS 35 | BNS Section 35 Every person has a right, subject to the restrictions contained in section 37, to defend— (a) his own body, and the body of any other person, against any offence affecting the human body; (b) the property, whether movable or immovable, of himself or of any … Read more