You can only defend yourself after you've actually been attacked or hurt.

The right starts as soon as there's a reasonable apprehension of danger, even from just a threat or an attempted attack — you don't have to wait to be harmed first.

Once you're allowed to defend yourself, you can keep using force for as long as you want.

The right lasts only as long as the danger continues; once the threat clearly ends, continuing to use force is no longer protected as private defence.

Bharatiya Nyaya Sanhita, 2023

Section 40

Commencement and continuance of right of private defence of 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.§

Why this exists

This rule comes from the general principle of private defence in Indian criminal law (earlier under the Indian Penal Code, now restated in the Bharatiya Nyaya Sanhita, 2023). The law recognizes that if people had to wait until they were actually struck before they could act, self-defence would often be useless — by then it may be too late. So lawmakers allowed the right to arise at the point of reasonable apprehension of danger, giving people a fair chance to protect themselves, while limiting the right so it doesn't become a licence for revenge after the danger has passed.

How courts read it

Indian courts, interpreting the identical provision under the earlier Indian Penal Code (Section 102), have consistently held that the apprehension of danger must be reasonable and honestly held, not merely imagined or exaggerated. Courts have also stressed that the right ends the moment the threat ends — for example, once an attacker retreats, is disarmed, or the danger otherwise ceases, continued use of force is no longer protected as private defence and may itself become an offence. Judges assess this on the facts of each case, focusing on what a reasonable person would have perceived at the time, not with hindsight.

Common misconceptions

Myth: You can only defend yourself after you've actually been attacked or hurt.
Fact: The right starts as soon as there's a reasonable apprehension of danger, even from just a threat or an attempted attack — you don't have to wait to be harmed first.
Myth: Once you're allowed to defend yourself, you can keep using force for as long as you want.
Fact: The right lasts only as long as the danger continues; once the threat clearly ends, continuing to use force is no longer protected as private defence.