Bharatiya Nyaya Sanhita, 2023
BNS Section 37
Acts against which there is no right of private defence
In one line
BNS Section 37 deals with acts against which there is no right of private defence and replaces IPC 99.
Bare act text — BNS 37
37. Acts against which there is no right of private defence.
(1) There is no right of private defence, — (a) against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act, may not be strictly justifiable by law; (b) against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law; (c) in cases in which there is time to have recourse to the protection of the public authorities.
(2) The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence. Explanation 1.—A person is not deprived of the right of private defence against an act done, or attempted to be done, by a public servant, as such, unless he knows or has reason to believe, that the person doing the act is such public servant. Explanation 2.—A person is not deprived of the right of private defence against an act done, or attempted to be done, by the direction of a public servant, unless he knows, or has reason to believe, that the person doing the act is acting by such direction, or unless such person states the authority under which he acts, or if he has authority in writing, unless he produces such authority, if demanded.
What changed from the IPC
- IPC 99 → BNS 37: The IPC section is reframed into two subsections, and the first paragraph is reframed as sub-section 1 with clauses (a), (b), and (c).
- IPC 99 → BNS 37: The second paragraph is reproduced as subsection (2) sans heading.
Frequently asked
What was BNS Section 37 in the IPC?
BNS Section 37 (Acts against which there is no right of private defence) replaces Section 99 of the Indian Penal Code, 1860. IPC 99 is now BNS 37.
Still citing the IPC? Convert any old section in seconds, or keep the whole case — dates, clients and sections — in one diary.
Nearby BNS sections
- BNS 32 — Act to which a person is compelled by threats
- BNS 33 — Act causing slight harm
- BNS 34 — Things done in private defence
- BNS 35 — Right of private defence of body and of property
- BNS 36 — Right of private defence against act of a person of unsound mind, etc
- BNS 38 — When right of private defence of body extends to causing death
- BNS 39 — When such right extends to causing any harm other than death
- BNS 40 — Commencement and continuance of right of private defence of body
- BNS 41 — When right of private defence of property extends to causing death
- BNS 42 — When such right extends to causing any harm other than death
