Indian Penal Code, 1860
IPC Section 101 in BNS
When such right extends to causing any harm other than death. Section 101 of the Indian Penal Code, 1860 (When such right extends to causing any harm other than death) corresponds to Section 39 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 not murder where the offender acts:
Answer & explanation
Under grave and sudden provocation depriving him of self-control
Exception 1 to § 101 BNS. The provocation must be both grave and sudden, and not sought or voluntarily provoked.
Statement: Section 101 BNS defines murder, and the Exceptions reduce it to culpable homicide not amounting to murder. Conclusion I: Grave and sudden provocation is available even where the accused sought the provocation. Conclusion II: Exceeding the right of private defence in good faith reduces murder to culpable homicide. Which is correct?
Answer & explanation
Only Conclusion II follows
Exception 1 expressly excludes provocation sought or voluntarily provoked by the offender. Exception 2 covers good-faith excess of private defence.
Sections either side of it
How the neighbouring provisions of the Indian Penal Code, 1860 were renumbered:
| IPC | Provision | BNS |
|---|---|---|
| 98 | Right of private defence against the act of a person of unsound mind | 36 |
| 99 | Acts against which there is no right of private defence | 37 |
| 100 | When the right of private defence of the body extends to causing death | 38 |
| 102 | Commencement and continuance of the right of private defence of the body | 40 |
| 103 | When the right of private defence of property extends to causing death | 41 |
| 104 | When such right extends to causing any harm other than death | 42 |
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