Section 155 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 155 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the offence of receiving property known to have been taken during the commission of war or depredation as specified in Sections 153 and 154 of the same Act.
π Text of Section 155: Receiviπ Section 155 β Right to Private Defense of the Body and Property
πΉ Overview:
Section 155 of the Bharatiya Nyaya Sanhita (BNS), 2023, deals with the right of private defense. This section outlines when and how a person can legally protect themselves, others, or their property from harm without waiting for the intervention of the state or law enforcement.
π Detailed Explanation:
β What is Private Defense?
Private defense is the right of a person to protect their body or property against any wrongful harm or threat of harm. It allows immediate action without prior permission from the authorities.
πΉ Scope of Private Defense under Section 155:
A person may use reasonable force to defend:
Their own body or the body of another person, and/or
Their own property or the property of another person.
The defense is allowed against any offence that is:
Threatening bodily harm or danger to life,
Attempting wrongful damage or theft of property.
πΈ Conditions and Limits:
Necessity:
Private defense can be exercised only when there is a real or imminent threat or danger to life or property.
Proportionality:
The force used must be reasonable and proportional to the threat faced.
No Pretext:
The right cannot be claimed if the person was the aggressor or provoked the attack.
No Excessive Harm:
The defense should not extend to causing unnecessary or excessive harm once the threat is neutralized.
π§ Examples:
If someone tries to physically assault you, you may use reasonable force to defend yourself.
If a person attempts to break into your home, you may use force to prevent the intrusion.
π Significance:
Section 155 empowers individuals to act immediately and decisively to protect life and property.
It recognizes the practical need to act in the moment, especially when police or other authorities are not immediately available.
π Summary:
Section 155 of the BNS, 2023 grants the right to private defense of body and property.
It allows a person to use reasonable force to prevent injury or damage.
The exercise of this right is subject to necessity and proportionality.ng Property Taken by War or Depredation
Section 155:
Whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in sections 153 and 154, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of the property so received
βοΈ Legal Context
Section 153: Waging war against the Government of any foreign State at peace with the Government of India.
Section 154: Committing depredation on the territories of a foreign State at peace with the Government of India.
Section 155 criminalizes the act of knowingly receiving property that has been taken during the commission of the offences outlined in Sections 153 and 154. This provision aims to deter individuals from benefiting from acts of war or depredation against foreign states, thereby upholding India's commitment to international peace and security.
π§Ύ Key Points
Offence: Receiving property known to have been taken during the commission of war or depredation as specified in Sections 153 and 154.
Punishment: Imprisonment for up to seven years, a fine, and forfeiture of the property received.
Cognizability: Cognizable offence.
Bailability: Non-bailable.
Triable by: Court of Session.
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