Section 96 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 96 – Right of Private Defence of the Body and Property
Overview:
Section 96 of the BNS recognizes and guarantees the right of private defence. This right allows an individual to protect their own body and property, as well as the body and property of others, against unlawful aggression.
Key Points of Section 96
Right to Private Defence:
Every person has the right to defend themselves and their property if they face an unlawful attack.
This right extends not only to the protection of one’s own body but also to the defense of property.
Who can exercise this right?
Any person who reasonably believes that they, or others, are under threat of harm or property damage can exercise this right.
It also covers protection against threats to the body or property of others.
Nature of Defence:
The defence can be of any degree and means necessary, but it must be proportionate to the threat.
The defence must be immediate and necessary to prevent harm.
Limitations:
The right of private defence cannot be claimed after the threat has ended.
Excessive or disproportionate force is not protected under this section.
Private defence should not be a pretext for revenge or punishment.
No Legal Liability:
A person exercising the right of private defence within the limits set by the law shall not be held criminally liable for any harm caused during such defence.
Practical Implications
This section empowers individuals to act in their immediate interest to stop an unlawful attack.
It prevents the victim from being a passive target and allows reasonable force to repel or stop an attack.
For example, if someone attempts to physically assault a person or unlawfully trespasses or damages property, the victim may use reasonable force to protect themselves or their belongings.
Example Scenario
Suppose a person tries to forcibly enter your home to steal your belongings. You have the right to use reasonable force to prevent this trespass and protect your property. If in doing so, you cause injury to the intruder, you will not be liable, provided your response was proportional and necessary.
Summary Table
| Aspect | Explanation |
|---|---|
| Right | To defend body and property from unlawful attack |
| Scope | Self-defense and defense of others' body/property |
| Force Allowed | Reasonable and proportionate to the threat |
| Legal Protection | No criminal liability for acts done in lawful defence |
| Limitations | Must be immediate and necessary; no excessive force |
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