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

Summary

There is no legal right to use private defence against an action that does not create a reasonable fear of death or serious injury, if that action is done or attempted by a public servant who is acting honestly and within the apparent authority of their job, even if the action is not fully justified by law.

Official Text

There is no right of private defence 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.

Related Judgments

• S.C.R. 101 KASHI RAM & OTHERS v. STATE OF RAJASTHAN — Supreme Court of India (2008)
• MANJEET SINGH v. STATE OF HIMACHAL 801 PRADESH — Supreme Court of India (2014)
• SC (2009) Vol.2 p.998 — Supreme Court of India (2009)
• S.C.R. 1136 1136 EX. CT. MAHADEV v. THE DIRECTOR GENERAL, BOARDER SECURITY FORCE & ORS — Supreme Court of India (2022)
• RAVISHWAR MANJHI & ORS v. STATE OF JHARKHAND 427 — Supreme Court of India (2008)
• SC (1964) Vol.4 p.199 — Supreme Court of India (1964)
• STATE OF HARYANA v. SMT. KAMLA AND ORS. APRIL 30, 1996 B — Supreme Court of India (S)
• S.C.R. 1 BHANWAR SINGH & ORS v. STATE OF M.P — Supreme Court of India (2008)

Old <-> New Code Mapping

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