Bharatiya Nyaya Sanhita, Section 38 BNS Section 38 is a part of the Bharatiya Nyaya Sanhita, 2023, which is a proposed bill to reform the criminal laws in India. BNS Section 38 defines the circumstances under which the right of private defence of the body extends to causing death or any other harm to the assailant. According to this section, the right of private defence can be exercised if the offence which occasions the exercise of the right is one of the following. - an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault; - an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault; - an assault with the intention of committing rape, unnatural sex, or kidnapping; - 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. BNS Section 38 is similar to Section 100 of the Indian Penal Code, 1860, which also provides for the right of private defence of the body against certain offences. However, BNS Section 38 does not include the offence of acid attack, which is covered under Section 100 of the IPC. BNS Section 38 also does not mention the word 'unnatural sex', which is no longer an offence under the BNS.