Law4u - Made in India

What Is BNS Section 40?

Answer By law4u team

Bharatiya Nyaya Sanhita, 2023 - Section40: Commencement and continuance of right of private defence of body.

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.

Brief Detail

BNS Section 40 outlines the commencement and continuation of the right of private defence of the body. This right begins when there is a reasonable apprehension of danger to the body from an attempt or threat to commit an offence, regardless of whether the offence has been completed. The right persists as long as the apprehension of danger remains.

Question & Answers

Q: When does the right of private defence of the body commence according to BNS Section 40?
A: The right of private defence of the body commences as soon as there is a reasonable apprehension of danger to the body from an attempt or threat to commit an offence.

Q: How long does the right of private defence of the body continue under BNS Section 40?
A: The right continues as long as the apprehension of danger to the body persists.

Q: Does the offence need to be committed for the right of private defence of the body to start?
A: No, the offence does not need to be committed; the right commences from the moment there is a reasonable apprehension of danger.

Example

Example 1: If a person reasonably fears that someone is about to assault them, the right of private defence of the body begins immediately, even if the assault has not yet occurred. This right remains in place as long as the fear of the assault continues.

Example 2: If an individual perceives a threat of violence but the violence has not yet occurred, they can exercise the right of private defence of the body. This right continues as long as they have a reasonable fear of the threat being carried out.

Summary

BNS Section 40 establishes that the right of private defence of the body starts with a reasonable fear of danger from an attempt or threat of an offence and continues as long as that fear exists, regardless of whether the actual offence has been carried out.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Sanjay Upadhyay

Advocate Sanjay Upadhyay

Anticipatory Bail,Consumer Court,Criminal,High Court,Medical Negligence,Divorce,

Get Advice
Advocate MVR Prakash

Advocate MVR Prakash

Cheque Bounce, Child Custody, Civil, Criminal, Domestic Violence, Family, Motor Accident

Get Advice
Advocate Ommi Vara Laxmi

Advocate Ommi Vara Laxmi

Labour & Service, High Court, Insurance, Motor Accident, Divorce, Cheque Bounce, Anticipatory Bail, Criminal, Succession Certificate

Get Advice
Advocate Kameshwar Mahto

Advocate Kameshwar Mahto

Anticipatory Bail, Criminal, Cheque Bounce, Civil, Family, Insurance, Court Marriage, Divorce, Domestic Violence, High Court, Breach of Contract, Revenue, Arbitration, Cyber Crime, Muslim Law, Motor Accident

Get Advice
Advocate Ram asheesh

Advocate Ram asheesh

Ram asheesh is eligible to handle cases like Criminal, GST, Family, Motor Accident, Property, etc.

Get Advice
Advocate Abhilash Dubey

Advocate Abhilash Dubey

Cheque Bounce, Child Custody, Civil, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Insurance, Motor Accident, Wills Trusts, Breach of Contract, Anticipatory Bail, Arbitration, Consumer Court, Landlord & Tenant, Property, Revenue

Get Advice
Advocate Prakash Dhande

Advocate Prakash Dhande

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, R.T.I, Succession Certificate, Revenue

Get Advice
Advocate Neeraj Kumar

Advocate Neeraj Kumar

Cheque Bounce,Consumer Court,Court Marriage,Divorce,Family,R.T.I,Succession Certificate,Criminal,Motor Accident,

Get Advice

Bharatiya Nyaya Sanhita (BNS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nyaya Sanhita (BNS). Learn about procedures and more in straightforward language.