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CHAPTER III GENERAL EXCEPTIONS · Of right of private defence

Section 37: Acts against which there is no right of private defence

The Bharatiya Nyaya Sanhita, 2023

(1) There is no right of private defence, —

(a) against an act which does not reasonably cause the apprehension of death or 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.

Corresponding IPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Leading cases

Questions on this section

9 questions in 13 of our papers cite Section 37. Try these from the free papers:

  1. 1. Assertion (A): There is no right of private defence against an act which does not reasonably cause the apprehension of death or grievous hurt, if done by a public servant acting in good faith under colour of his office. Reason (R): A person loses the right of private defence against such an act even if he neither knows nor has reason to believe that the person doing it is a public servant.

  2. 2. Assertion (A): The right of private defence in no case extends to inflicting more harm than it is necessary to inflict for the purpose of defence. Reason (R): The right of private defence is available even in cases in which there is time to have recourse to the protection of the public authorities.

Practise questions on Bharatiya Nyaya Sanhita