Section 99 IPC (Acts against which there is no right of private defence) is now Section 37 BNS, in force from 1 July 2024. What changed is set out below.
What Changed From IPC 99 to BNS 37?
Section 37 BNS keeps every rule and both explanations. It numbers the first three rules as clauses a to c of subsection 1, makes the limit on harm subsection 2, drops the margin heading Extent to which the right may be exercised, and adds the word the before protection in clause c.
IPC 99 vs BNS 37: Comparison Table
Aspect
IPC 1860 (repealed)
BNS 2023 (in force)
Section
99
37
Offence
Acts against which there is no right of private defence
Same
Punishment
None. Section 99 IPC creates no offence.
None. Section 37 BNS creates no offence.
Fine
None.
Same
Bail
Non-Bailable
Same
Cognizance
Non-Cognizable
Same
Compoundable
Non-Compoundable
Same
IPC 99 and BNS 37: Bare Act Text Side by Side
IPC 1860 (repealed)
Section 99, IPC 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.—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.
BNS 2023 (in force)
Section 37, BNS 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.
Ingredients: IPC 99 vs BNS 37
Under IPC 99
The act is done, or attempted, by a public servant or by a public servant's direction, acting in good faith under colour of office
The act does not reasonably cause the apprehension of death or of grievous hurt
Or there is time to have recourse to the protection of the public authorities
Even where the right exists, it never extends to more harm than is necessary for the purpose of defence
Under BNS 37
The act is done, or attempted, by a public servant or by a public servant's direction, acting in good faith under colour of office
The act does not reasonably cause the apprehension of death or of grievous hurt
Or there is time to have recourse to the protection of the public authorities
Even where the right exists, it never extends to more harm than is necessary for the purpose of defence
What IPC 99 to BNS 37 Means for Pending Cases
For Section 99 IPC (now Section 37 BNS): nothing changes in where private defence is barred. Section 37 BNS carries over each bar and the limit on harm, set out as subsections 1 and 2.
FAQs: IPC 99 to BNS 37
What changed when Section 99 IPC became Section 37 BNS?▼
Only the form. The first three rules become clauses a to c of subsection 1, the limit on harm becomes subsection 2, and clause c adds the word the before protection. The limits are the same.
Where does Section 99 IPC sit in the BNS?▼
In Section 37 BNS, in Chapter III, General Exceptions.
Does Section 99 IPC or Section 37 BNS apply to an act done before 1 July 2024?▼
Section 99 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 99 IPC. Section 37 BNS governs acts done on or after 1 July 2024.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·