IPC 100 → BNS 38: Defense of Body (Death)

Quick Summary: IPC 100 vs BNS 38

The Bharatiya Nyaya Sanhita (BNS) 2023, which came into force on 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. Under the new criminal law framework, IPC Section 100 (Defense of Body (Death)) is now mapped to BNS Section 38.

What did IPC 100 cover?

IPC 100 dealt with defense of body (death) — when the right of private defense of the body extends to causing death. Until 30 June 2024, every FIR and criminal trial relating to this offence in India was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 38: What changed in the new law?

Retains the 7 conditions for causing death in defense. From 1 July 2024, all new criminal complaints relating to defense of body (death) are filed under BNS Section 38. Cases registered before 1 July 2024 will, however, continue to be tried under the old IPC provisions as per the saving clause of the BNS.

Punishment under BNS 38

N/A - General Exception

Practical implications for advocates, police & citizens

• Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 38 instead of IPC 100.
• Police officers: Use BNS 38 as the substantive offence in new FIRs; procedure is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS).
• Law students & citizens: For competitive exams, judicial services and general awareness, remember the IPC 100 ↔ BNS 38 mapping.