BNS - Bharatiya Nyaya Sanhita, 2023

Section 37 in THE BHARATIYA NYAYA SANHITA, 2023 – BNS

Acts against which there is no right of private defence.

  1. (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.

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