45CUTOFF
Start free

Indian Penal Code, 1860

IPC Section 100 in BNS

§ 100 IPC→§ 38 BNS

When the right of private defence of the body extends to causing death. Section 100 of the Indian Penal Code, 1860 (When the right of private defence of the body extends to causing death) corresponds to Section 38 of the Bharatiya Nyaya Sanhita, 2023.

Verify before you rely on this. Renumbering under the 2023 codes is not a clean one-to-one exercise — provisions were merged, split and reworded. Always check the printed bare act.

Where this sits in the exam

This provision is examined under IPC & Bharatiya Nyaya Sanhita, worth 8 of the 100 marks in AIBE XXII. The paper permits bare acts but bans notes, so what matters is finding it quickly, not reciting the number.

Questions that turn on this section

Culpable homicide is defined under:

Answer & explanation

Section 100 BNS

BNS Section 100 corresponds to IPC Section 299. Culpable homicide is the genus and murder the species: all murder is culpable homicide, but not all culpable homicide is murder.

Where to find it: BNS, Chapter VI

The right of private defence of the body extends to causing death in which circumstance?

Answer & explanation

An assault raising reasonable apprehension of death or grievous hurt

BNS Sections 34 to 44 correspond to IPC Sections 96 to 106. The right does not extend to inflicting more harm than is necessary and is unavailable where there is time to have recourse to public authorities.

Where to find it: BNS, Chapter III

The right of private defence of body extends to causing death where there is apprehension of:

Answer & explanation

Death, grievous hurt, rape, kidnapping, or acid attack among the listed cases

§ 38 BNS lists the categories exhaustively and adds acid attack, which the IPC did not name.

Where to find it: Chapter III — Right of Private Defence

Sections either side of it

How the neighbouring provisions of the Indian Penal Code, 1860 were renumbered:

IPCProvisionBNS
97Right of private defence of the body and of property35
98Right of private defence against the act of a person of unsound mind36
99Acts against which there is no right of private defence37
101When such right extends to causing any harm other than death39
102Commencement and continuance of the right of private defence of the body40
103When the right of private defence of property extends to causing death41

Practise it

Cutoff has AIBE XXII questions on this area, each cited to both codes with a line telling you where to find it in the bare act. Ten questions per subject are free, no account needed.

Practise free Full IPC→BNS table