Section 34 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 34 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the legal principle that actions taken in the exercise of the right of private defence are not offences. This provision aligns with the corresponding section in the Indian Penal Code (IPC), Section 96, which similarly states that nothing is an offence which is done in the exercise of the right of private defence.
Key Points of Section 34
Legal Protection for Defensive Actions: Individuals are legally protected when they act in self-defence or in defence of others, provided their actions are within the scope of the right of private defence.
Scope of Defence: The right extends to defending oneself, others, or property against imminent threats or attacks.
Proportionality Requirement: While the section does not explicitly mention it, the right of private defence typically requires that the defensive action be proportionate to the threat faced. Excessive force may lead to legal consequences.(
Legal Context and Application
This section is part of a broader framework in the BNS that outlines the right of private defence, including:
Section 35: Right of private defence of body and property.
Section 36: Right of private defence against acts of persons of unsound mind, etc.
Section 37: Acts against which there is no right of private defence
Section 38: When right of private defence of body extends to causing death.
Section 39: When such right extends to causing any harm other than death.
Section 40: Commencement and continuance of right of private defence of body.
These sections collectively define the circumstances under which an individual may exercise the right of private defence and the limitations thereof.
Illustrative Example
If an individual is attacked by an assailant with a weapon, and the individual responds by using reasonable force to protect themselves, such actions would generally fall within the scope of private defence and not be considered offences under Section 34.
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