IPC 104 vs BNS 104 – Right of Private Defense Against Sexual Assault
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 104
Right of private defense against assault with intention to commit rape
About IPC Section
Section 104 of the Indian Penal Code, 1860, defines the right of private defense against assault intended to commit rape. It allows an individual to use necessary and proportionate force to protect themselves or others from imminent sexual assault. This section ensures legal protection for acts of self-defense in situations involving sexual violence.
Under IPC 104:
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The right applies when there is a reasonable apprehension of rape or sexual assault,
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Defensive actions must be necessary, proportionate, and immediate,
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The law permits protecting oneself or others from assault even if it involves risk of harm to the aggressor, provided the force is justified.
For example, resisting an attacker attempting to commit rape by using reasonable physical force is protected under IPC 104. Excessive force beyond what is required to prevent the assault may not be legally justified.
IPC 104 emphasizes self-protection, immediacy, and proportionality, balancing the right to prevent sexual violence with accountability. It provides a legal framework for protecting bodily integrity in extreme circumstances, ensuring that individuals acting in good faith to prevent sexual assault are not criminally liable.
Section: BNS 104
Right of private defense against assault with intention to commit rape
About BNS Section
Section 104 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 104, retaining the principle that individuals have the right to defend themselves or others from assault intended to commit rape.
Under BNS 104:
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The right applies when there is a reasonable apprehension of sexual assault,
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Defensive actions must be necessary, immediate, and proportionate,
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Protecting oneself or others is allowed even if it may cause harm to the aggressor, provided the force is justified.
For instance, resisting an attacker attempting rape with necessary force is legally protected under BNS 104. Excessive or unnecessary force beyond preventing the assault is not justified.
By retaining IPC 104’s principles, BNS 104 ensures legal protection for acts of self-defense in sexual assault cases, emphasizing necessity, proportionality, and immediacy. It provides clarity on exercising the right of private defense against sexual violence.