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.

What changed for IPC 102?

IPC 102 (Duration of Defense (Body)) — commencement and continuance of the right of private defense of the body — now maps to BNS Section 40. Key change: Section number changed, principle same. Punishment under BNS 40: N/A - General Exception.

Quick Summary: IPC 102 vs BNS 40

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 102 (Duration of Defense (Body)) is among the offences re-enacted by the Bharatiya Nyaya Sanhita, which reorganises and renumbers the old Indian Penal Code while keeping the core ingredients intact. Duration of Defense (Body) now maps to BNS 40, and the position below reflects the current bare act.

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 for this offence 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, new complaints relating to duration of defense (body) are filed under BNS Section 40, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 40

N/A - General Exception

Practical implications for advocates, police & citizens

Advocates: For duration of defense (body), cite the current provision BNS 40 rather than the repealed IPC 102 in all matters arising on or after 1 July 2024.
Police officers: Register new duration of defense (body) FIRs under BNS 40; procedure follows the BNSS.
Law students & citizens: Use the IPC 102 to BNS 40 mapping when checking your position on duration of defense (body) under the new law.

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 was repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 on 1 July 2024. The duration of defense (body) offence earlier in IPC 102 is now governed by BNS 40 — pending IPC 102 cases continue, but new FIRs cite BNS 40.