Under the Bharatiya Nyaya Sanhita, 2023, the right of private defence of the body does not extend to…

Under Section 38 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 100 IPC), the right of private defence of the body extends, subject to the restrictions in Section 37, to the voluntary causing of death to the assailant in seven specified categories of assault. These include an assault with the intention of committing rape (clause (c)), an assault with the intention of kidnapping or abducting (clause (e)), and 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 (clause (f)), as well as assaults causing a reasonable apprehension of death or grievous hurt (clauses (a) and (b)). Under Section 39 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 101 IPC), if the offence is not of any of the descriptions specified in Section 38—such as an assault causing apprehension only of simple hurt—the right of private defence extends only to voluntarily causing any harm other than death.