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

Summary

Sub-section (1) sets out the situations in which the right of private defence does not exist. Clause (a) of sub-section (1) says there is no right of private defence against an act done or attempted by a public servant acting in good faith under the colour of his office, if that act does not reasonably cause the apprehension of death or grievous hurt, even if the act is not strictly justifiable by law. Clause (b) of sub-section (1) says the same applies to an act done or attempted by the direction of a public servant acting in good faith under the colour of his office, if that act does not reasonably cause the apprehension of death or grievous hurt, even if the direction is not strictly justifiable by law. Clause (c) of sub-section (1) says there is no right of private defence in cases where there is time to seek the protection of the public authorities.

Sub-section (2) states that the right of private defence never extends to causing more harm than is necessary for the purpose of defence.

Explanation 1 clarifies that a person is not deprived of the right of private defence against an act done or attempted by a public servant as such, unless the person knows or has reason to believe that the person doing the act is such a public servant.

Explanation 2 clarifies that a person is not deprived of the right of private defence against an act done or attempted by the direction of a public servant, unless the person knows or has reason to believe that the person doing the act is acting by such direction, or unless that person states the authority under which he acts, or if he has authority in writing, unless he produces that authority if demanded.

Official Text

(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.

Related Judgments

• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
• SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
• SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)
• SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
• SC (2025) Vol.2 p.80 — Supreme Court of India (2025)

Old <-> New Code Mapping

• IPC §99 — Acts against which there is no right of private defence