IPC 108 vs BNS 108
● Retained in BNSRight of private defense against assault causing grievous hurt
Section 108 of the Indian Penal Code, 1860, defines the right of private defense against an assault causing grievous hurt. This section allows a person to take necessary and proportionate measures to protect themselves or others from serious physical harm, ensuring personal safety while maintaining legal accountability.
Under IPC 108:
-
The right applies when an individual faces assault capable of causing grievous hurt,
-
Defensive actions must be immediate, necessary, and proportionate,
-
Protection may include reasonable force to prevent further serious injury.
For example, if a person is attacked with a weapon or other means that could cause serious bodily harm, they may use necessary force to repel the attack. Excessive force beyond what is needed to prevent injury may not be legally justified.
IPC 108 emphasizes necessity, proportionality, and immediacy, ensuring that individuals can protect themselves or others from serious harm without exceeding legal limits. It forms a key part of the framework of private defense, balancing personal protection with accountability under the law.
Right of private defense against assault causing grievous hurt
Section 108 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 108, retaining the principle that individuals have the right to defend themselves or others from an assault causing grievous hurt.
Under BNS 108:
-
The right applies when facing assault capable of causing serious bodily injury,
-
Defensive actions must be necessary, immediate, and proportionate,
-
Reasonable force is allowed to prevent further serious harm.
For instance, repelling an attack with a weapon that may cause grievous bodily harm is legally protected under BNS 108. Any excessive or unnecessary force beyond what is required is not justified.
By retaining IPC 108’s principles, BNS 108 ensures legal protection for self-defense in situations involving serious bodily harm, emphasizing necessity, proportionality, and immediacy, while safeguarding individuals from criminal liability when acting to prevent grievous hurt.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 108 to BNS BNS 108.