Introduction of BNS 37
BNS 37 of the Bharatiya Nyaya Sanhita explains the limits on the right of private defence: you generally do not have the right to resist the lawful, good-faith actions of public servants (or persons acting under their orders) unless those actions create a reasonable fear of death or grievous hurt. Replacing IPC Section 99, BNS 37 balances the need to allow public officials to perform duties with protection for individuals against bona-fide threats to life or serious bodily injury.
The Bharatiya Nyaya Sanhita (BNS) Section 37 replaces the old Indian Penal Code (IPC) Section 99.
What is section 37 of BNS ?
BNS Section 37 says that you cannot defend yourself if a public servant is acting with honest intentions, and their actions do not reasonably make you fear death or serious harm, even if what they are doing is not completely lawful.
BNS Section 37 in Simple Points
Every person has the right, subject to Section 37, to defend—
- His/her own body, and the body of any other person, against offences affecting the human body;
- His/her own property (movable or immovable), or the property of another person, against offences like theft, robbery, mischief, criminal trespass, or attempts of such offences.
1. Meaning of Section 35
BNS Section 35 grants the legal right of private defence to every individual.
- You can protect yourself or others from offences against the body.
- You can protect your property or another’s property from theft, robbery, trespass, or mischief.
- The right exists even against attempts of such crimes.
- However, this right is limited by Section 37 (acts against which there is no right of private defence).
2. Purpose of Section 35
- To empower individuals to act against immediate threats without waiting for legal authorities.
- To safeguard both life and property from criminal offences.
- To extend protection to others (not just oneself).
- To prevent misuse by restricting the right under Section 37.
3. Essential Ingredients of Section 35
For this section to apply, these conditions must be satisfied:
- Existence of Threat – There must be an offence (or attempt) against the body or property.
- Scope of Defence –
- Against the body: Any offence affecting the human body.
- Against property: Theft, robbery, mischief, or criminal trespass.
- Ownership is Irrelevant – You can protect your own body/property or that of another.
- Reasonable Force – The defence must be proportionate and necessary, not excessive.
- Restrictions Apply – Section 37 places limits (e.g., no defence against honest acts of public servants unless threat is grave).
4. Punishment under BNS Section 35
- Actions taken within lawful private defence are not punishable.
- If force is excessive or beyond necessity, liability may arise under other penal provisions.
- Bail and trial depend on the actual act committed (if defence exceeds lawful limits).
5. Examples of BNS Section 35 in Action
- Example 1 – Defence of Body:
A robber attacks you with a knife. You push him away and injure him. This is valid private defence. - Example 2 – Defence of Property:
A thief tries to steal your neighbour’s motorcycle. You stop him and tie him until police arrive. Your act is lawful defence. - Example 3 – Against Attempt:
Someone tries to break into your shop at night. Even before he succeeds, you resist. Defence is valid. - Example 4 – Limitation:
If a pickpocket tries to snatch a wallet and you shoot him dead, this is excessive and not protected.
6. Importance of BNS Section 35
- It gives individuals a basic right to safety and protection.
- It balances individual rights vs. misuse of force by applying restrictions.
- It extends collective responsibility by allowing defence of others’ lives and property.
- It modernises IPC Section 97 under the BNS, 2023, with clearer interpretation.
Section 37 BNS Overview
BNSS Section 37 places a limit on the right of private defense. It states that individuals cannot claim self-defense against the lawful actions of public servants who are acting in good faith. The only exception is if the act of the public servant (or someone following their orders) creates a reasonable fear of death or serious injury. This ensures that public servants can perform their duties without unnecessary resistance, while still protecting individuals against genuine threats.
1. No Defense Against Honest Actions
If a public servant, such as a police officer, performs their duty honestly and in good faith, you cannot claim self-defense against them. The law assumes that their actions are lawful unless proven otherwise. This prevents misuse of self-defense against genuine law enforcement activities.
2. Actions by Public Servants
When a public servant is clearly doing their job and you know they are a public servant, you cannot act against them unless their actions pose a serious and immediate threat. This ensures respect for authority and prevents unnecessary obstruction of official duties.
3. Fear Must Be Reasonable
The right of private defense only arises when there is a reasonable fear of death or serious injury. Mere inconvenience, minor harm, or discomfort caused by a public servant’s action does not justify self-defense. The law protects only against real, not imaginary, dangers.
4. Time to Get Help
If you have enough time to seek help from the authorities or use legal remedies, you cannot claim self-defense. The law expects individuals to rely on official channels when possible, instead of taking matters into their own hands.
5. Limit Harm in Defense
Even when self-defense is allowed, it must be limited to the minimum harm necessary to protect oneself. Excessive or disproportionate force is not justified. This balances the right to defend with the duty to respect lawful authority.
6. Public Servant’s Mistake
If a public servant makes an honest mistake while doing their duty, you still cannot use self-defense unless their action threatens death or serious injury. Good faith mistakes are protected by law so that public servants can perform their duties without constant fear of retaliation.
7. Following Orders
If someone is acting under the lawful orders of a public servant, you generally cannot claim self-defense against them either. However, if their actions create a serious and immediate threat to your life or cause grave harm, then self-defense may still apply.
8. Show Proof of Authority
If a person claims they are acting under a public servant’s orders, they must show proof of their authority when asked. If they fail to do so, and their actions appear unlawful or threatening, you may still have the right to defend yourself.
9. Serious Harm is Required
Self-defense against a public servant or someone following their orders is only permitted if the threat involves serious bodily harm or death. Lesser threats, such as minor injuries, property seizure, or temporary restraint, do not justify defensive action.
10. No Defense for Legal Actions
If the actions of the public servant are legal—even if not perfectly justified—you cannot resist them by claiming self-defense. For example, if a police officer is making a lawful arrest, you cannot fight back, even if you feel the arrest is unfair. The law expects you to challenge such actions in court, not through physical resistance.
No right to self-defense against public officials.
Self-Defence Law in India
Self-defence in India is recognized as a fundamental right under criminal law, ensuring that individuals can protect their life, liberty, and property when threatened with unlawful aggression. The Bharatiya Nyaya Sanhita (BNS), which replaced the Indian Penal Code (IPC) in 2023, continues the provisions related to the Right of Private Defence. These laws permit a person to use reasonable force against an attacker to prevent crimes like assault, robbery, or trespass. However, the law draws a clear boundary: self-defence is justified only when there is a real and immediate threat of death or grievous hurt, and the response must be necessary and proportionate to the danger. This means an individual cannot use excessive or retaliatory violence once the threat has ended.
At the same time, the law also highlights circumstances where self-defence is not allowed. For example, BNS Section 37 (corresponding to old IPC Section 99) states that no right of private defence exists against acts of a public servant acting lawfully and in good faith, unless the action creates a reasonable fear of death or serious injury. Similarly, if there is enough time to seek police protection or legal remedies, one must use those channels instead of resorting to force. Indian courts have consistently held that self-defence is a protective right, not an aggressive one. Therefore, while the law empowers citizens to safeguard themselves in genuine danger, it also prevents misuse of this right as an excuse for revenge or disproportionate harm.
Limitations of Right of Private Defence
- No Right Against Lawful Authority
The right of private defence cannot be exercised against acts of public servants who act lawfully and in good faith. For example, if a police officer arrests you under proper authority, you cannot resist claiming self-defence, unless their actions cause a real fear of death or grievous hurt. - No Right When There is Time to Seek Help
If there is sufficient time to get protection from authorities (police, courts, etc.), you cannot take the law into your own hands. Self-defence applies only in urgent and unavoidable situations, not when legal remedies are easily available. - Proportional Use of Force
The force used in self-defence must be reasonable and proportionate to the danger. Excessive violence—like killing someone for a minor assault—cannot be justified as private defence. - Right Ends With the Threat
Once the threat of harm ends, the right of private defence also ends. Retaliation or revenge after the danger has passed is not protected under law. - No Right Against Minor Harm or Trivial Acts
Private defence is not available in cases of mere insult, minor injury, or inconvenience. There must be a real and immediate apprehension of serious harm. - Mistakes of Public Servants
Even if a public servant makes a mistake while performing duties, as long as it is done in good faith and without causing grave harm, you cannot claim self-defence against them. - Proof of Authority
If someone claims to act under a public servant’s orders, they must show proper authority if asked. Until then, resistance is allowed only if their actions create a genuine fear of death or serious injury.
Comparison: BNS Section 37 vs IPC Section 99
| Section | Provision | Scope | Exception | Practical Effect | Trial By |
|---|---|---|---|---|---|
| BNS Section 37 | No right of private defence against acts of public servants done in good faith (or persons acting under their orders), unless the act causes reasonable fear of death or grievous hurt. | Applies to public servants and agents acting under authority; protects official duties from obstruction or force by civilians. | Exception when the official’s act creates an immediate and reasonable fear of death or grievous bodily harm — then private defence may be claimed. | Prevents resistance to bona-fide official actions (e.g., arrests, seizures) while preserving a narrow life/serious-harm exception. | If defence not allowed, usual remedies (complaint, judicial review). If defence exceeded, matters tried in ordinary criminal courts. |
| IPC Section 99 (Old) | Similar principle under IPC: no right of private defence against public servants acting in good faith performing their duties; defence arises only where the act causes reasonable apprehension of death or grievous hurt. | Covers police officers and other public functionaries, and persons acting in execution of their duties. | Same narrow exception for immediate threat of death or serious injury; lesser harms do not justify resistance. | Emphasises orderly conduct — encourages use of legal remedies against questionable official acts instead of force. | If defence is wrongly asserted or force is excessive, the case proceeds under regular IPC procedures before criminal courts. |
BNS Section 37 FAQs
What does BNS Section 37 cover?
It covers situations where you cannot claim the right to self-defense against public servants acting in good faith.
Can I defend myself against a public servant?
Only if their actions cause serious fear of death or injury; otherwise, you cannot claim self-defense.
What if a public servant’s actions are illegal?
If they are acting in good faith and their actions don’t cause serious harm, you still cannot use force against them.
Does this section protect public servants?
Yes, it protects them when they are performing their duties in good faith.
Can I resist a public servant’s minor actions?
No, you cannot use self-defense if the action is minor and doesn’t cause serious harm.
Conclusion
BNS Section 37 protects the ability of public servants to perform duties without facing private resistance, while still preserving the citizen’s ultimate right to life and bodily integrity. In practice, it prevents people from using force against officials carrying out duties in good faith — but if an act creates an immediate, reasonable fear of death or grievous hurt, the narrow right of private defence remains available. The provision strikes a careful balance between public order and personal safety.
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Finished with BNS Section 37 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding..
- BNS 38 : When the right of private defence of the body extends to causing death.
- https://marriagesolution.in/bns_section/bns-38/
- BNS 39 : When such right extends to causing any harm other than death.
- https://marriagesolution.in/bns_section/bns-39/
- BNS 40 : Commencement and continuance of the right of private defence of the body.
- https://marriagesolution.in/bns_section/bns-40/
All Indian Law & Blogs: https://marriagesolution.in/indian-law/
Full BNSS Section List: https://marriagesolution.in/bnss_section-list
Full IPC Section List: https://marriagesolution.in/ipc-section-list