Section 86 of the Bharatiya Nyaya Sanhita (BNS), 2023
⚖️ Section 86 — Bharatiya Nyaya Sanhita (BNS), 2023
Title: Right to private defence against the act of public servant
What does Section 86 cover?
It talks about the right of an individual to defend themselves against wrongful acts committed by a public servant.
If a public servant uses excessive force or commits an illegal act against a person, the person has a right to private defence.
Breaking it down:
1. Who is a public servant?
A government official like police, administrative officers, etc.
2. What is private defence?
The right to protect oneself or one’s property from an unlawful attack.
Can include reasonable force to prevent harm.
3. When does this right apply here?
When a public servant acts illegally or uses excessive force beyond their lawful authority.
The individual can respond in self-defense.
Why is this important?
It balances authority and individual rights.
Public servants must follow the law, and misuse of power is not allowed.
Citizens should not be helpless if unlawfully attacked by officials.
Example:
A police officer unlawfully tries to beat a citizen without any reason, and the citizen pushes the officer away to protect themselves. The citizen’s action is protected under Section 86.
Quick summary:
| Element | Explanation |
|---|---|
| Public servant | Government official |
| Unlawful act | Illegal use of power or excessive force |
| Private defence | Right to protect oneself from such acts |
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