BNS Section 40: When and How the Right to Private Defense Begins and Ends
Commencement and continuance of the right of private defence of the 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.
BNS-40 defines and establishes the fundamental right of an individual to protect their body when faced with an imminent threat or harm. Let me walk you through the key elements of this provision with a detailed explanation.
Right of Private Defence of the Body:
BNS-40 grants the right to private defence when there is a direct and immediate threat to one’s body. This is essential for personal security and ensures that an individual has the legal protection to defend themselves from physical harm.
Commencement of the Right:
The right to defend oneself does not require the completion of an offense. As soon as there is a reasonable apprehension that danger is imminent to one’s body, the individual may act in self-defense. One need not wait for harm to actually materialize; the mere threat of harm is sufficient to trigger the right to self-defence. The moment a person feels that their safety is in jeopardy, they are entitled to defend themselves.
Reasonable Apprehension:
“Reasonable apprehension” refers to the subjective belief of the individual, but it must be based on objective circumstances. It means that the fear or belief that harm is imminent must be one that a reasonable person, in similar circumstances, would also experience. For example, if someone is threatened with violence, even if the threat does not materialize into an actual physical assault, the person may still have the right to defend themselves based on a reasonable fear of harm.
Continuation of the Right:
The right to private defence continues as long as the perceived threat to the body persists. In other words, if the danger or threat is not completely neutralized, the individual is entitled to continue defending themselves. Once the threat has been removed or rendered harmless, the right to self-defence ceases to apply.
Proportionality:
It is crucial to note that while the right of self-defence is broad, the force employed must be proportional to the threat faced. The law does not justify the use of excessive force. If the threat can be neutralized with a lesser degree of force, the individual is required to limit their actions accordingly. The use of lethal or excessive force is not permissible if the danger posed can be addressed in a more controlled or less harmful manner.
Conclusion:
BNS-40 essentially affirms the right of an individual to defend themselves against any reasonable apprehension of bodily harm. From the moment a person perceives an imminent threat to their safety, they have the right to act in self-defense. However, this right is balanced by the principle of proportionality, ensuring that the defense is neither excessive nor disproportionate to the threat at hand.
