Section 37 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 37 of the Bharatiya Nyaya Sanhita (BNS), 2023, delineates specific circumstances where the right to private defence is not applicable. It aims to prevent misuse of self-defence claims and ensures that individuals do not resort to violence when legal avenues are available.(
📜 Text of Section 37
Section 37. Acts against which there is no right of private defence
There is no right of private defence:
a. Against an act that does not reasonably cause the apprehension of death or grievous hurt, if done or attempted by a public servant acting in good faith under the colour of his office, even if such act may not be strictly justifiable by law;(
b. Against an act that does not reasonably cause the apprehension of death or grievous hurt, if done or attempted by the direction of a public servant acting in good faith under the colour of his office, even if such direction may not be strictly justifiable by law;
c. In cases where there is time to have recourse to the protection of public authorities.
The right of private defence in no case extends to the infliction of more harm than 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, 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.
⚖️ Key Points
Acts by Public Servants: Individuals cannot claim private defence against acts performed by public servants acting in good faith under the colour of their office, even if those acts are not strictly justifiable by law, provided they do not reasonably cause apprehension of death or grievous hurt.
Acts by Direction of Public Servants: Similarly, acts done under the direction of a public servant in good faith are not subject to private defence claims, unless the individual knows or has reason to believe that the act is being done under such direction.
Availability of Legal Recourse: If there is time to seek protection from public authorities, the right to private defence does not apply.(
Proportionality of Defence: Even when the right to private defence is applicable, the harm inflicted must not exceed what is necessary to defend oneself or others.
🧠 Practical Implications
Section 37 ensures that the right to private defence is not misused as a justification for resisting lawful actions by public authorities. It emphasizes the importance of seeking legal recourse when possible and maintaining proportionality in defensive actions. This provision is crucial in maintaining the rule of law and preventing vigilantism.
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