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Bharatiya Nyaya Sanhita, 2023

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

Pundora · Published 3 October 2026

Section 37 of the Bharatiya Nyaya Sanhita, 2023, in the Act's own words, with the IPC provision it replaces.

What it replaces

BNS provisionIPC provisionRelation
Section 37Section 99corresponds

From the Bureau of Police Research and Development's official comparison summary (source below). The whole table: IPC to BNS.

The section

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

(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.

The text is India Code's consolidated text as loaded into Pundora's statute corpus on 1 September 2026. A section quoted in a draft checked by Pundora is checked against this text.

Sources

  1. India Code: Bharatiya Nyaya Sanhita, 2023, section 37 (read 1 September 2026)
  2. Bureau of Police Research and Development: comparison summary, BNS to IPC (read 1 September 2026)

The Act's own words, from India Code. If the text here differs from the Gazette, the Gazette governs; write to contact@pundora.in and it will be corrected and dated.