Section 34 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 34 of the Bharatiya Nyaya Sanhita (BNS), 2023, is a fundamental provision that establishes the legal framework for the right of private defence in India. This section asserts that any act performed in the exercise of the right of private defence is not considered an offence
📜 Text of Section 34
“Nothing is an offence which is done in the exercise of the right of private defence.”
⚖️ What Does This Mean?
Section 34 provides a legal safeguard for individuals who act to protect themselves, others, or their property from imminent harm or unlawful aggression. It ensures that such defensive actions, when proportionate and necessary, are not penalised under criminal law.(
🛡️ Key Aspects of Private Defence Under BNS
Legitimate Right to Defend: Individuals have the right to protect themselves, others, or their property from harm.(
Proportionality: The force used in self-defence must be reasonable and proportionate to the threat faced
Immediacy: The threat must be imminent; the right of private defence cannot be invoked in response to a past threat.
No Retaliation: The right is intended for protection, not for revenge or retaliation.
Good Faith: The act must be carried out in good faith, with the primary intention of preventing harm.(
⚠️ Limitations and Considerations
Excessive Force: Using more force than necessary can lead to legal consequences, even if the initial act was in self-defence.
No Right to Retaliate: The right of private defence does not extend to acts of vengeance or retaliation after the threat has subsided
Reasonable Belief: Even if the threat was not real, if the person acted under a reasonable belief of danger, the act may still be protected.
🧾 Example
If an individual is attacked by an assailant and uses reasonable force to defend themselves, such as pushing the attacker away or calling for help, their actions would typically be protected under Section 34, provided the response was proportionate to the threat.
🔗 Related Provisions
Section 35 of the BNS further elaborates on the right to private defence, detailing the circumstances under which an individual may defend their body and property. Sections 36 to 40 outline specific conditions and limitations related to the exercise of this right.
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