Right of Private Defense of Body Under BNS https://www.drishtijudiciary.com/to-the-point/bharatiya-nya...

Biggest SALE Ever! Avail a flat 60% OFF on exclusive online courses. This offer is valid only from 5th to 12th March.

(HTTPS://

WWW.DRISHTIJUDICIARY.COM)

Home (https://www.drishtijudiciary.com/en)
Home / Bharatiya Nyaya Sanhita & Indian Penal Code

Blogs (https://www.drishtijudiciary.com/blog)
Criminal Law

Right of Private Defense of Body Under

Online Courses (/online-courses)

BNS « Classroom
» Programmes (/classroom-programme) Login
 11-Sep-2024

Search  Language: Eng �ह�द�

Tags: Bharatiya Nyaya Sanhita, 2023 (BNS) (/tags/bharatiya-nyaya-sanhita-2023-bns)

Legal Updates ▾ CLAT ▾ Courses & Test Series ▾

Free Resources ▾
Introduction
▪ The right of private defense is essentially a preventive right and not punitive.
▪ This right ensures
Books & Magazines the safety of one’s own private body against some specific
(https://www.drishtilearningapp.com/explore)
offences.
▪ This is the right available to any person to protect anyone’s body or property against
such offences.
▪ It must be noticed that there must be no plan of action, and the power utilized must
not be more than the required power that is needed to ensure the safety of the body
or property of the individual.
▪ The right of Private defense is briefly discussed under Chapter III (General
Exceptions) of the Bharatiya Nyaya Sanhita 2023 (BNS). (https://
vault.drishtijudiciary.com/
english_file_uploads/1705304528_BHARATIYA%20NYAYA%20SANHITA,%202023.pdf)

Basis of the Right of Private Defense

▪ This right can be exercised against unlawful hostility.
▪ It rests with the individual to secure himself and his property against such unlawful
hostility.
▪ When the prompt guide from the state is not accessible and when the individual is
looked with risk, that individual qualifies to use private defense.
Get in touch with Us!
▪ The right of private defense should never be exercised with the malice intention.
▪ The right must be used in a sensible manner.

1 of 9 12/03/25, 19:27
Right of Private Defense of Body Under BNS https://www.drishtijudiciary.com/to-the-point/bharatiya-nya...

Biggest SALE
▪ Ever! Availused
The force a flatfor
60% OFF on
private exclusive
defense andonline courses.
the threat Thisbe
should offer is valid only from 5th to 12th March.
in proportionate
manner.
▪ This right cannot be exercised against the community workers acting in the exercise
(HTTPS://
of their legitimate forces.

Legislative Framework
WWW.DRISHTIJUDICIARY.COM) of the Right of Private
Defense in India
▪ Provisions of BNSHome
which(https://www.drishtijudiciary.com/en)
states the Right of Private Defense of body are stated below:

Private Defense
Blogs (https://www.drishtijudiciary.com/blog)
▪ Section 34: Things done in private defense.
Online Courses (/online-courses)
◦ Nothing is an offence which is done in exercise of the right of private defense.

Right of Private Defense

Classroom of(/classroom-programme)
Programmes Body & Property Login

▪ Section 35 states that every person has a right, subject to the restrictions contained
in section 37, to Search
defend— Language: Eng �ह�द�

◦ His own body, and the body of any other person, against any offence affecting the
Legal Updates ▾
human CLAT ▾
body. Courses & Test Series ▾
Free Resources ▾
◦ The property, whether movable or immovable, of himself or of any person, against
any act which is an offence falling under the definition of theft, robbery, mischief or
criminal trespass, or which is an attempt to commit theft, robbery, mischief or
Books & Magazines (https://www.drishtilearningapp.com/explore)
criminal trespass.

Right of Private Defense Against Act of a Person of

Unsound Mind
▪ Section 36 states that when an act, which would otherwise be a certain offence, is
not that offence, by reason of the youth, the want of maturity of understanding, the
unsoundness of mind or the intoxication of the person doing that act, or by reason of
any misconception on the part of that person, every person has the same right of
private defense against that act which he would have if the act were that offence.

Acts Against Which No Private Defense is

Available
▪ Section 37 states that

◦ 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
Getstrictly
faith under color of his office, though that act, may not be in touch with Us!
justifiable by
law.

2 of 9 12/03/25, 19:27
Right of Private Defense of Body Under BNS https://www.drishtijudiciary.com/to-the-point/bharatiya-nya...

Biggest SALE Ever! Avail an

◦ Against a flat
act60% OFFdoes
which on exclusive online courses.
not reasonably cause theThis offer is valid of
apprehension only fromor5th
death of to 12th March.
grievous hurt, if done, or attempted to be done, by the direction of a public servant
acting in good faith under color of his office, though that direction may not be
(HTTPS://
strictly justifiable by law.
◦ In cases in which there is time to have recourse to the protection of the public
authorities.
WWW.DRISHTIJUDICIARY.COM)
◦ The right of private defense in no case extends to the inflicting of more harm than
it is necessary to inflict for the purpose of defense.
Home (https://www.drishtijudiciary.com/en)
Right of Private defense Causing Death
Blogs
▪ Section 38 states (https://www.drishtijudiciary.com/blog)
that the right of private defense of the body extends, under the
restrictions specified in section 37, to the voluntary causing of death or of any other
harm to the assailant,
Online ifCourses
the offence which occasions the exercise of the right be of
(/online-courses)
any of the descriptions hereinafter enumerated, namely:

◦ Such an assault as may reasonably

Classroom Programmescause the apprehension that death will
(/classroom-programme) Login
otherwise be the consequence of such assault.
◦ Such an assault as may reasonably cause the apprehension that grievous hurt
Search  Language: Eng �ह�द�
will otherwise be the consequence of such assault.
◦ An assault with the intention of committing rape.
Legal Updates
◦ An assault
▾ CLAT
with Courses
the▾ intention & Test
of gratifying Serieslust.
unnatural ▾
◦ An assault with the intention of kidnapping or abducting. Free Resources ▾
◦ Circumstances which may reasonably cause him to apprehend that he will be
unable to have recourse to the public authorities for his release
Books & Magazines
◦ An act of(https://www.drishtilearningapp.com/explore)
throwing or administering acid or an attempt to throw or administer acid
which may reasonably cause the apprehension that grievous hurt will otherwise
be the consequence of such act.

Right of Private Defense Causing Harm to the

Body
▪ Section 39 states that if the offence be not of any of the descriptions specified in
section 38, the right of private defense of the body does not extend to the voluntary
causing of death to the assailant, but does extend, under the restrictions specified
in section 37, to the voluntary causing to the assailant of any harm other than
death.

Commencement of Right of Private Defense

▪ Section 40 states that the right of private defense of the body commences as soon
as a reasonable apprehension of danger to the body arises from an attempt or
threat to commit the offence though the offence may not have been committed;
and it continues as long as such apprehension of danger Get in touch
to the with Us!
body continues.

3 of 9 12/03/25, 19:27
Right of Private Defense of Body Under BNS https://www.drishtijudiciary.com/to-the-point/bharatiya-nya...

Right of Private Defense Against Deadly Assault

Biggest SALE Ever! Avail a flat 60% OFF on exclusive online courses. This offer is valid only from 5th to 12th March.

▪ Section 44 states that if in the exercise of the right of private defense against an
(HTTPS://
assault which reasonably causes the apprehension of death, the defender be so
situated that he cannot effectually exercise that right without risk of harm to an
innocent person, his right of private defense extends to the running of that risk.
WWW.DRISHTIJUDICIARY.COM)
Landmark Judgements
Home (https://www.drishtijudiciary.com/en)
▪ James Martin v. State of Kerala (2003): It was held that factors, for example,
wounds got by the accused, the advent of risk to his security, wounds that are
Blogs
brought about by (https://www.drishtijudiciary.com/blog)
the denounced and furthermore the conditions wherein the
wounds were caused are taken into consideration. It is hard to anticipate that an
individual should measure the power required. Such circumstances are seen sober-
Online Courses (/online-courses)
mindedly, remembering ordinary human response and conduct.
▪ Yeshwant Rao v. State of Madhya Pradesh (1992): In this case it was held that the
Classroom
assault that occurred on theProgrammes (/classroom-programme)
girl was adequate Login
to make sensible apprehension in
the brain of the accused and in this way his demonstration was supported. The
privilege of private defense
Search  was practiced
Language:by Eng
the accused
�ह�द� to secure the body of
another.
▪ Onkarnath Singh v. State of Uttar Pradesh (1974): It was held that there was nothing
Legal Updates ▾
to legitimize CLAT
the ▾
dangerous Courses
assault. The&power
Test Series ▾ out of extent to the
utilized was
Free Resources ▾
alleged threat, which never again existed from the complainant party.

Conclusion
Books & Magazines (https://www.drishtilearningapp.com/explore)
Self-defense is a rule of criminal law and in this manner, the state gives people the
right to ensure and protect themselves .To exercise the Right of Private Defense, there
must be an immediate risk of life or grievous hurt to the body and no reasonable
means to escape available the time must be insufficient to seek assistance from the
authorities and it is such serious that causing the death of the assailant must have
been unavoidable.

 Print This Article

What's New

XYZ v. State of Gujarat (2023)

(https://www.drishtijudiciary.com/landmark-judgement/special-acts/medical-
termination-of-pregnancy-act/xyz-v-state-of-gujarat-2023)

Get in touch with Us!

Companies not ‘State’ under Article 12
(https://www.drishtijudiciary.com/current-affairs/companies-not-state-under-

4 of 9 12/03/25, 19:27
Right of Private Defense of Body Under BNS https://www.drishtijudiciary.com/to-the-point/bharatiya-nya...

Biggest SALE Ever! Avail a flat 60% OFF on exclusive online courses. This offer is valid only from 5th to 12th March.
article-12)

(HTTPS://
The Juvenile Justice Board
(https://www.drishtijudiciary.com/to-the-point/ttp-juvenile-justice-act/the-
juvenile-justice-board)

WWW.DRISHTIJUDICIARY.COM)
Imposition of the Higher Degree of Punishment Prescribed
(https://www.drishtijudiciary.com/current-affairs/imposition-of-the-higher-
Home (https://www.drishtijudiciary.com/en)
degree-of-punishment-prescribed)

Blogs (https://www.drishtijudiciary.com/blog)
Tahawwur Rana Extradition Case
(https://www.drishtijudiciary.com/editorial/tahawwur-rana-extradition-case)
Online Courses (/online-courses)

Murari Lal s/o Ram Singh v. State of Madhya Pradesh (1979)

Classroom Programmes (/classroom-programme) Login
(https://www.drishtijudiciary.com/landmark-judgement/indian-evidence-act/
murari-lal-s-o-ram-singh-v-state-of-madhya-pradesh-1979)

Search  Language: Eng �ह�द�

Section 47 of CPC
(https://www.drishtijudiciary.com/current-affairs/section-47-of-cpc)
Legal Updates ▾ CLAT ▾ Courses & Test Series ▾
Free Resources ▾
Preventive Detention
(https://www.drishtijudiciary.com/current-affairs/preventive-detention)
Books & Magazines (https://www.drishtilearningapp.com/explore)

Order XXXIX Rule 2A of CPC

(https://www.drishtijudiciary.com/current-affairs/order-xxxix-rule-2a-of-cpc)

Delhi High Court's Guiding Principles on Smartphone Use in Schools

(https://www.drishtijudiciary.com/editorial/delhi-high-court-s-guiding-
principles-on-smartphone-use-in-schools)

Shri Gurudatta Sugars Marketing v. Prithviraj Sayajirao Deshmukh (2024)

(https://www.drishtijudiciary.com/landmark-judgement/negotiable-instrument-
act/shri-gurudatta-sugars-marketing-v-prithviraj-sayajirao-deshmukh-2024)

Transfer of Criminal Trial

(https://www.drishtijudiciary.com/current-affairs/transfer-of-criminal-trial)

Suchita Srivastava & Anr v. Chandigarh Administration (2009)

Get in touch with Us!
(https://www.drishtijudiciary.com/landmark-judgement/special-acts/medical-
termination-of-pregnancy-act/suchita-srivastava-&-anr-v-chandigarh-
administration-2009)

5 of 9 12/03/25, 19:27
Right of Private Defense of Body Under BNS https://www.drishtijudiciary.com/to-the-point/bharatiya-nya...

Biggest SALE Ever! Avail a flat 60% OFF on exclusive online courses. This offer is valid only from 5th to 12th March.

Composition of Arbitral Tribunal

(https://www.drishtijudiciary.com/to-the-point/ttp-arbitration-and-conciliation-
(HTTPS://
act/composition-of-arbitral-tribunal)

WWW.DRISHTIJUDICIARY.COM)
Chhattisgarh Prelims Test Series
(https://www.drishtijudiciary.com/chhattisgarh-judicial-services/chhattisgarh-
prelim-test-series)
Home (https://www.drishtijudiciary.com/en)

Blogs (https://www.drishtijudiciary.com/blog)

Online Courses (/online-courses)

Classroom Programmes (/classroom-programme) Login

Search  Language: Eng �ह�द�

Legal Updates ▾ CLAT ▾ Courses & Test Series ▾

Free Resources ▾

Books & Magazines (https://www.drishtilearningapp.com/explore)

Get in touch with Us!

6 of 9 12/03/25, 19:27
Right of Private Defense of Body Under BNS https://www.drishtijudiciary.com/to-the-point/bharatiya-nya...

Biggest SALE Ever! Avail a flat 60% OFF on exclusive online courses. This offer is valid only from 5th to 12th March.

(HTTPS://

WWW.DRISHTIJUDICIARY.COM)

Home (https://www.drishtijudiciary.com/en)

Blogs (https://www.drishtijudiciary.com/blog)

Online Courses (/online-courses)

Classroom Programmes (/classroom-programme) Login

Search  Language: Eng �ह�द�

Legal Updates ▾ CLAT ▾ Courses & Test Series ▾

Free Resources ▾

Books & Magazines (https://www.drishtilearningapp.com/explore)

Reach Us

 707, Dr Mukherjee Nagar, New Delhi - 110009 (https://maps.app.goo.gl/9oeoJ3Jv5ygRi2cV9)

 641, 1st Floor, Mukherjee Nagar, Delhi (https://maps.app.goo.gl/AsuhHZ3Kj6MEpxSF9)

 Tashkent Marg, Civil Lines, Prayagraj, UP (https://maps.app.goo.gl/CnmhVWKgkx8SBF7e8)

Get in touch with Us!

Top Searches

7 of 9 12/03/25, 19:27
Right of Private Defense of Body Under BNS https://www.drishtijudiciary.com/to-the-point/bharatiya-nya...

Biggest SALE Ever! Avail a flat 60% OFF on exclusive online courses. This offer is valid only from 5th to 12th March.

 Classroom Programs (https://www.drishtijudiciary.com/classroom-programme)

(HTTPS://
 Books & Magazines (https://www.drishtilearningapp.com/estore)

 Test Series (https://www.drishtijudiciary.com/test-series)

WWW.DRISHTIJUDICIARY.COM)
 Online Programs (https://www.drishtijudiciary.com/online-courses)

Connect With Us Home (https://www.drishtijudiciary.com/en)

Blogs (https://www.drishtijudiciary.com/blog)
 care@groupdrishti.in (mailto:care@groupdrishti.in)

 +91-87501-87501 (tel:8750187501)
Online Courses (/online-courses)

Drishti Social Classroom Programmes (/classroom-programme) Login

    
Search  Language: Eng �ह�द�

Legal(https://play.google.com/store/apps/details?id=com.drishti.academy.app&hl=en_IN&gl=US&pli=1)
Updates ▾ CLAT ▾ Courses & Test Series ▾
Free Resources ▾
(https://apps.apple.com/app/drishti-learning-app/id1604411528) (https://dla.drishtiias.com/windows/

Books & Magazines (https://www.drishtilearningapp.com/explore)

Copyright © 2018-2025 Drishti The Vision Foundation, India. All rights reserved

Get in touch with Us!

8 of 9 12/03/25, 19:27
Right of Private Defense of Body Under BNS https://www.drishtijudiciary.com/to-the-point/bharatiya-nya...

Biggest SALE Ever! Avail a flat 60% OFF on exclusive online courses. This offer is valid only from 5th to 12th March.

(HTTPS://

WWW.DRISHTIJUDICIARY.COM)

Home (https://www.drishtijudiciary.com/en)

Blogs (https://www.drishtijudiciary.com/blog)

Online Courses (/online-courses)

Classroom Programmes (/classroom-programme) Login

Search  Language: Eng �ह�द�

Legal Updates ▾ CLAT ▾ Courses & Test Series ▾

Free Resources ▾

Books & Magazines (https://www.drishtilearningapp.com/explore)

Get in touch with Us!

9 of 9 12/03/25, 19:27