Verified 2025 — BNS Bare Act

IPC 102 → BNS 40: Duration of Defense (Body)

IPC Section 102 (Duration of Defense (Body)) under the old Indian Penal Code 1860 is now covered under Section 40 of the new Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

Old Law — IPC 1860

102

Duration of Defense (Body)

Commencement and continuance of the right of private defense of the body

New Law — BNS 2023

40

Duration of Defense (Body)

Punishment / Liability

N/A - General Exception

Key Change / Note

Section number changed, principle same

Facing a case under BNS 40?

Connect with a verified criminal lawyer for bail, FIR & defence under BNS 40.

Quick Summary: IPC 102 vs BNS 40

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 102 (Duration of Defense (Body)) is now mapped to BNS Section 40.

What did IPC 102 cover?

IPC 102 dealt with duration of defense (body) — commencement and continuance of the right of private defense of the body. 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 40: What changed in the new law?

Section number changed, principle same. From 1 July 2024, all new criminal complaints relating to duration of defense (body) are filed under BNS Section 40. 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 40

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 40 instead of IPC 102.
Police officers: Use BNS 40 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 102 ↔ BNS 40 mapping.

Frequently Asked Questions

What is the BNS equivalent of IPC Section 102?

IPC Section 102 (Duration of Defense (Body)) is now covered under Section 40 of the Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

What is the punishment under BNS 40?

N/A - General Exception

What is the key difference between IPC 102 and BNS 40?

Section number changed, principle same

Is IPC 102 still valid in India?

No. The Indian Penal Code 1860 has been repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 with effect from 1 July 2024. All ongoing cases under IPC continue, but new FIRs are registered under BNS.