BNS Section 38: When the Right of Private Defence of the Body Extends to Causing Death (IPC 100 Mapping) (2026)

Explainer · Criminal Law · BNS

Updated for 2026 · Claw Editorial

Section 38 of the Bharatiya Nyaya Sanhita (BNS) says when the right of private defence of the body extends to causing the death of the attacker. It is a serious provision. Causing death in self-defence is lawful only if the assault falls into one of the situations the section lists, and only within the limits of the chapter. Section 38 replaced Section 100 of the Indian Penal Code (IPC) from 1 July 2024. This explainer sets out the situations and how it maps to the old law. Last verified October 2026.

01Why this section is serious

The right of private defence usually allows only the force needed to stop an attack. Section 38 of the BNS is the point where that force may lawfully extend to killing the attacker. Because the stake is a human life, the section is drawn narrowly. It allows death only against a short list of grave assaults.

Since 1 July 2024 the Indian Penal Code (IPC) is replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS). The old Section 100 rule now sits in Section 38. The core situations are carried over, with one addition, so if you earlier cited "Section 100 IPC", you now cite Section 38 of the BNS.

02What Section 38 covers

Section 38 of the BNS states that the right of private defence of the body extends, subject to the restrictions in Section 37, to voluntarily causing the death of the assailant, but only if the offence that occasions the defence is one of the situations the section lists.

This is a general exception. It does not create an offence and carries no punishment. It marks the outer limit of lawful self-defence of the body. If the assault is not one of the listed kinds, the right still exists, but it does not extend to causing death. It is then limited to causing harm short of death.

03The seven situations

The right of private defence of the body extends to causing death when the assault is of one of these kinds:

• an assault that reasonably causes a fear that death will otherwise follow;
• an assault that reasonably causes a fear that grievous hurt will otherwise follow;
• 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, in circumstances that reasonably cause a fear that public authorities cannot be reached for release; and
• an act of throwing or administering acid, or an attempt to do so, that reasonably causes a fear that grievous hurt will otherwise follow.

Private defence extends to causing death only against a short list of grave assaults, such as those threatening death, grievous hurt, rape or an acid attack.

The acid attack situation is the clear addition in the BNS. It reflects the recognition of acid violence as a grave assault on the body.

04Old to new: IPC 100 to BNS 38

Section 100 of the IPC is now Section 38 of the BNS. The old six situations are carried over, and a seventh, the acid attack clause, is added.

Note the renumbering trap. Under the old IPC, Section 99 was "acts against which there is no right of private defence" and Section 100 was "when the right extends to causing death". In the BNS these become Section 37 and Section 38. So "no right of private defence" is now Section 37, while causing death is Section 38.

05The limits that still apply

Section 38 is expressly subject to the restrictions in the private defence chapter. Even where a listed situation exists, the general limits hold. The right begins only when there is a reasonable fear of danger, lasts only while that danger continues, and cannot be used once the attacker has been disabled or the threat has passed.

Courts examine these facts closely, because the plea converts what looks like a killing into a lawful act. A claim of defence that is out of proportion to the threat, or that continues after the danger has gone, can fail. Read Section 38 with Section 34 and the rest of the chapter.

06Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

Where a defence plea claims the right extended to causing death, everything rests on a close reading of the facts and of the precedents, so comparison with earlier judgments is vital. Claw opens more than 30 crore judgments and orders and follows every order, hearing and listing under the old Section 100 or the new Section 38, or by party or advocate name, across 9,102 courts, benches and forums, with each result in under five seconds. Supreme Court rulings reach back to 1950 and High Court rulings to 1990.

None of the documents you upload are used to train Claw AI models. Start a free Claw account to look up and follow these defence matters by party or advocate name. To search the law more widely, use case search across Indian courts.

07Sources and further reading

• India Code (official text of the BNS, 2023): indiacode.nic.in
• PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
• Section 38, BNS (bare text): devgan.in
• Claw: clawlaw.in

This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.

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