BNS Section 37: Acts against which there is no right of private defence
Bharatiya Nyaya Sanhita, 2023 · Chapter 3: General Exceptions
Also available in: हिंदी
37. (1) There is no right of private defence,––
(a) against an act which does not reasonably cause the apprehension of deathor of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act, may not be strictly justifiable by law;
(b) against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law;
(c) in cases in which there is time to have recourse to the protection of the public authorities
(2) The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence.
Explanation 1.—A person is not deprived of the right of private defence against an act done, or attempted to be done, by a public servant, as such, unless he knows or has reason to believe, that the person doing the act is such public servant.
Explanation 2.—A person is not deprived of the right of private defence against an act done, or attempted to be done, by the direction of a public servant, unless he knows, or has reason to believe, that the person doing the act is acting by such direction, or unless such person states the authority under which he acts, or if he has authority in writing, unless he produces such authority, if demanded.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 14. Act done by a person bound, or by mistake of fact believing himself bound, by law
- 15. Act of Judge when acting judicially
- 16. Act done pursuant to judgment or order of Court
- 17. Act done by a person justified, or by mistake of fact believing himself justified, by law
- 18. Accident in doing a lawful act
- 19. Act likely to cause harm, but done without criminal intent, and to prevent other harm
- 20. Act of a child under seven years of age
- 21. Act of a child above seven and under twelve years of age of immature understanding
- 22. Act of a person of unsound mind
- 23. Act of a person incapable of judgment by reason of intoxication caused against his will
- 24. Offence requiring a particular intent or knowledge committed by one who is intoxicated
- 25. Act not intended and not known to be likely to cause death or grievous hurt, done by consent
- 26. Act not intended to cause death, done by consent in good faith for person’s benefit
- 27. Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian
- 28. Consent known to be given under fear or misconception
- 29. Exclusion of acts which are offences independently of harm caused
- 30. Act done in good faith for benefit of a person without consent
- 31. Communication made in good faith
- 32. Act to which a person is compelled by threats
- 33. Act causing slight harm
- 34. Things done in private defence
- 35. Right of private defence of body and of property
- 36. Right of private defence against act of a person of unsound mind, etc
- 38. When right of private defence of body extends to causing death
- 39. When such right extends to causing any harm other than death
- 40. Commencement and continuance of right of private defence of body
- 41. When right of private defence of property extends to causing death
- 42. When such right extends to causing any harm other than death
- 43. Commencement and continuance of right of private defence of property
- 44. Right of private defence against deadly assault when there is risk of harm to innocent person