Section 38When right of private defence of body extends to causing death
Chapter III — General Exceptions
Copied from the Official Gazette. Not yet reviewed by a qualified legal professional.
Text of the law
Official text (Gazette) Not yet legally reviewedThe 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.
Amendments, judgments and appeal information have not been added for this section yet.
Source and checking
- Where this text comes from
- Gazette of India, Extraordinary, No. 53, 25 December 2023 (Act No. 45 of 2023)
- Type of text
- Official text (Gazette)
- Pages in the Gazette
- pp. 15–16
- Text version
- As originally enacted in 2023. This text may not reflect subsequent amendments or commencement notifications. Last status check: 6 November 2026.
- When the Act came into force
- 1 July 2024, under Government notification S.O. 850(E), dated 23 February 2024. Read notification S.O. 850(E) in the Gazette of India (PDF, opens in a new tab)The notification excluded section 106(2); see the note on that section.Whether an excluded provision was brought into force later has not been independently confirmed. Checked against the Gazette on 6 November 2026. Not yet reviewed by a qualified legal professional.
- Checked by computer against the Gazette?
- Yes, words and structure match
- Reviewed by a qualified legal professional?
- Not yet
- Copied on
- 6 Nov 2026
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