Code: Exact Text of Section 40 BNS
Section 40 BNS: 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.
Explanation of Section 40 BNS
1. When Does the Right of Private Defence Begin?
- The right of self-defence arises the moment a person reasonably believes they are under threat.
- Even if the attack has not yet happened, the law allows a person to act in anticipation.
2. How Long Can a Person Defend Themselves?
- The right continues as long as the threat remains.
- Once the danger is completely neutralized, the right ceases.
3. Key Principles of Private Defence
✅ Anticipatory Action is Allowed: You don’t have to wait to be attacked; self-defence can start when danger is reasonably feared.
✅ Defence Continues Until Threat Ends: You can act until the attacker withdraws or is no longer a threat.
✅ Force Must Be Proportionate: You cannot continue attacking after the danger has ended.
Illustrations
Example 1: A Woman Defends Against an Approaching Attacker
🔹 Scenario: A woman is followed at night by a suspicious man. When he tries to grab her, she uses pepper spray to stop him.
✅ Justified: The danger was imminent, and she acted to prevent harm.
Example 2: A Shopkeeper Acts Against Armed Robbers
🔹 Scenario: A gang of robbers enters a shop with knives and guns. The shopkeeper fires in self-defence before they attack.
✅ Justified: The threat was real, and waiting could have been fatal.
Example 3: A Man Chases a Thief Who No Longer Poses a Threat
🔹 Scenario: A thief steals a wallet and runs away. The victim catches him and beats him severely.
🚫 Not Justified: The thief was no longer a threat, so further action wasn’t necessary.
Example 4: A Bouncer Defends Against an Aggressive Drunk
🔹 Scenario: A drunk man tries to hit a bouncer at a club. The bouncer restrains him but continues beating him after he falls.
🚫 Not Justified: Once the attacker is neutralized, further force is illegal.
Common Questions and Answers on Section 40 BNS
1. Can I attack first if I feel threatened?
✅ Yes, if the threat is real and imminent. You don’t need to wait to be physically harmed.
2. Can I continue hitting someone after they stop attacking me?
🚫 No. Once the danger is neutralized, your right to private defence ends immediately.
3. What if someone threatens me but doesn’t attack?
✅ If you have a reasonable apprehension of harm, you can take defensive action.
4. Can I use private defence against a police officer?
✅ Only if the officer uses excessive force unlawfully. You cannot resist a lawful arrest.
5. Does private defence apply if the attacker runs away?
🚫 No. Once the threat disappears, your right to private defence ceases.
Conclusion
Section 40 BNS establishes that self-defence begins when a threat is perceived and continues until the danger ends. However, the force used must be necessary and proportionate.
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