SECTION 37 BNS - 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.

Example:
Police officer stops Vijay for a check and does not hurt him. Here, Vijay cannot claim self defence. 

Key Points of BNS-37

BNS-37 outlines specific restrictions on the right of private defence, explaining when this right cannot be claimed. It ensures that self-defence cannot be abused and that it is exercised within legal bounds.

1. No Right of Private Defence Against Public Servants:
 

• Clause (a): There is no right of private defence against acts committed by public servants acting in good faith under the authority of their office, even if their actions are not strictly legal. However, this is limited to cases where their actions do not reasonably cause fear of death or grievous hurt.
   

• Clause (b): The same applies when a public servant directs someone else to perform such an act. If the public servant acts in good faith and their direction does not reasonably cause fear of death or grievous hurt, private defence is not allowed.

2. No Private Defence When Public Authorities Can Be Reached:
 

• Clause (c): If there is sufficient time to seek help from public authorities, the right to private defence cannot be exercised. This prevents people from taking the law into their own hands when proper legal channels are available.
   

3. Excessive Harm Not Permitted:
 

• Clause (2): Even when the right of private defence exists, a person is not allowed to inflict more harm than necessary. This means the defensive actions must be proportional to the threat faced.
   

Important Definitions:
 

• Public Servant Acting in Good Faith: Refers to government officials performing their duties honestly and without malice, even if their actions are technically not legal.
   

• Apprehension of Death or Grievous Hurt: The reasonable fear or belief that one’s life or physical well-being is at serious risk.
   

• Recourse to Public Authorities: Seeking help or protection from legal institutions, like the police or courts, when time permits.
   

Conclusion:

BNS-37 ensures that private defence is not used unjustifiably, particularly against public officials acting in good faith or when legal assistance is readily available. It also limits the amount of harm inflicted in defence, emphasizing that defensive actions should be proportionate to the threat.

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