Section 76 of the Bharatiya Nyaya Sanhita (BNS), 2023
π Section 76 β Right of Private Defence of the Body
This section is about the right of a person to protect himself or others when there is a threat to life or bodily harm. It replaces the corresponding provision of the Indian Penal Code (IPC).
πΉ Main Points of Section 76 BNS:
Every person has the right of private defence of his own body
If someone tries to hurt you physically, you can use reasonable force to defend yourself.
You can also protect the body of another person
The law allows you to defend not just yourself but also another person if their life or body is in danger.
Example: If you see someone being attacked on the street, you have the legal right to step in and protect them.
When the right arises
This right arises when there is an imminent threat of unlawful physical harm or danger to life.
The threat must be real, not just imagined or suspected.
Extent of the right
The force used must be reasonable and proportionate to the threat.
You cannot exceed what is necessary.
Example: If someone slaps you, you cannot kill them in retaliation. But if someone tries to stab you with a knife, you may defend yourself even if it causes the attackerβs death.
Protection against offences
The right exists only against unlawful aggression or offences.
If a police officer arrests you legally, you cannot claim "self-defence" and attack him.
βοΈ Purpose of this Section
To empower people to protect themselves and others without always waiting for police help.
To balance rights: You can defend yourself, but you cannot misuse this right as an excuse to cause unnecessary harm.
π Example Scenarios
Valid private defence:
A robber points a gun at you. You snatch a stone and hit him on the head to save yourself. Even if the robber dies, you are protected under Section 76.
Not valid:
Someone abuses you verbally. You get angry and stab him. This is not private defence because there was no physical threat.
β In short: Section 76 BNS, 2023 gives every person the right to defend their own body and the body of others against unlawful attacks, but within reasonable limits.
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