Section 38 in THE BHARATIYA NYAYA SANHITA, 2023 – BNS

When right of private defence of body extends to causing death.

  1. 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:—
    (a) such an assault as may reasonably cause the apprehension that death will
    otherwise be the consequence of such assault;
    (b) such an assault as may reasonably cause the apprehension that grievous
    hurt will otherwise be the consequence of such assault;
    (c) an assault with the intention of committing rape;
    (d) an assault with the intention of gratifying unnatural lust;
    (e) an assault with the intention of kidnapping or abducting;
    (f) an assault with the intention of wrongfully confining a person, under
    circumstances which may reasonably cause him to apprehend that he will be unable to
    have recourse to the public authorities for his release;
    (g) an act of throwing or administering acid or an attempt to throw or administer
    acid which may reasonably cause the apprehension that grievous hurt will otherwise
    be the consequence of such act.