Section 37 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 37 of the Bharatiya Nyaya Sanhita (BNS), 2023, delineates the circumstances under which the right of private defence cannot be invoked. This provision is pivotal in ensuring that individuals do not misuse the concept of self-defence in situations where it is not warranted.
📜 Text of Section 37 – Acts Against Which There Is No Right of Private Defence
No Right of Private Defence in Certain Situations:
An individual does not have the right of private defence in the following scenarios:
(a) Against an act that does not reasonably cause the apprehension of death or grievous hurt, if done or attempted by a public servant acting in good faith under the colour of his office, even if that act may not be strictly justifiable by law.
(b) Against an act that does not reasonably cause the apprehension of death or grievous hurt, if done or attempted by the direction of a public servant acting in good faith under the colour of his office, even if that direction may not be strictly justifiable by law.
(c) In cases where there is time to have recourse to the protection of public authorities.
Limitation on the Extent of Harm:
The right of private defence does not extend to inflicting more harm than is necessary for the purpose of defence.
Explanations:
Explanation 1: A person is not deprived of the right of private defence against an act done or attempted by a public servant unless they know or have reason to believe that the person doing the act is such a public servant
Explanation 2: A person is not deprived of the right of private defence against an act done or attempted by the direction of a public servant unless they know or have reason to believe that the person doing the act is acting under such direction, or unless such person states the authority under which they act, or if they have authority in writing, unless they produce such authority if demanded
⚖️ Comparison with Indian Penal Code (IPC)
Section 37 of the BNS, 2023, aligns with the principles outlined in the Indian Penal Code (IPC), particularly concerning the limitations on the right of private defence. Both legal frameworks emphasize that private defence is not available against acts performed by public servants in good faith under the colour of their office, and that the force used in self-defence must not exceed what is necessary.
🧠 Practical Implications
Public Servants' Actions: Individuals cannot claim private defence against actions taken by public servants in good faith, even if those actions are not strictly justified by law.
Proportionality in Defence: Any defensive action must be proportionate to the threat faced; excessive force is not permissible.
Awareness of Authority: To challenge an act as unlawful, an individual must be aware or have reason to believe that the act was performed by a public servant or under their direction
For a comprehensive understanding, you can refer to the official text of Section 37 of the Bharatiya Nyaya Sanhita, 2023, available on the India Code website:
RELATED Blog
0 comments