BNS 37 — Acts against which there is no right of private defence.

Bharatiya Nyaya Sanhita, 2023

Statutory text

37. (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.
When right of private defence of body extends to causing death.

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