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.

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