INDIAN PENAL CODE, 1860
BHARATIYA NYAYA SANHITA, 2023
99. Acts against which there is no right of private defence
37. Acts against which there is no right of private defence.
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
INDIAN PENAL CODE, 1860
99. Acts against which there is no right of private defence.--
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.
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 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.
There is no right of private defence in cases in which there is
time to have recourse to protection of the public authorities.
Extent to which the right may be exercised.
Extent to which the right may be exercised.--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.
Repealed / historical reference India Code — IPC 1860
BHARATIYA NYAYA SANHITA, 2023
37. Acts against which there is no right of private defence.—(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.
Current law India Code — BNS 2023