Section 37 BNS: Acts against which there is no right of private defence
Bharatiya Nyaya Sanhita, 2023
Section 37 BNS at a Glance
Section 37 BNS deals with acts against which there is no right of private defence. It replaced Section 99 IPC on 1 July 2024.
None. Section 37 BNS creates no offence.
Section 37 BNS Bare Act 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.
Source: Section 37, Bharatiya Nyaya Sanhita, 2023
Section 37 BNS in the IPC (Previous Law)
Section 37 BNS replaced Section 99 IPC from 1 July 2024.
Each sub-section below names its own source.
FAQs on Section 37 BNS
When is there no right of private defence under Section 37 BNS?▼
Section 37 BNS says there is no right of private defence in three situations. First, against an act of a public servant done in good faith under colour of office, if it does not reasonably create fear of death or grievous hurt. Second, against an act done on the direction of such a public servant in the same kind of situation. Third, where there is time to seek protection from public authorities.
Under Section 37 BNS, can I claim private defence against a police officer or other public servant?▼
Yes, in some situations you still can. Under the explanations to Section 37 BNS, you are not deprived of private defence unless you know or have reason to believe that the person is a public servant, or that the person is acting under a public servant's direction. If written authority exists and you demand it, production of that authority can matter under the section.
How much force can I use in private defence under Section 37 BNS?▼
You cannot use more harm than is necessary for defence. Section 37(2) clearly limits private defence so it does not extend to inflicting excessive harm. The force used must stay within what is needed for protection.
What punishment is given under Section 37 BNS?▼
Section 37 BNS does not itself prescribe a punishment. It only states when the right of private defence is not available and limits the amount of harm that can be caused in defence. Punishment, if any, will depend on the other offence provisions applied to the facts.
What does Section 37(2) of the BNS say about private defence?▼
Section 37(2) of the BNS says your right of private defence does not extend to causing more harm than is necessary for defence. In simple words, you can defend yourself, but only to the extent needed in that situation. If the force used goes beyond what was necessary, this section does not protect that excess.
Under Section 37(2) BNS, can I claim private defence if I used more force than needed?▼
No, Section 37(2) says the right of private defence does not cover inflicting more harm than was necessary for defence. So the key issue is whether the harm caused was limited to what was needed to protect yourself or another person. If it was excessive, this section does not give protection for that part.
How is Section 37(2) different from the rule about acts of public servants under Section 37(1)?▼
Section 37(1) lists situations where there is no right of private defence at all, such as certain acts by a public servant acting in good faith or where there was time to seek help from public authorities. Section 37(2) is different because it limits the amount of harm you can cause even when private defence is otherwise available. So one part deals with when the right may not arise, and the other deals with how far that right can go.
Does Section 37(2) of the BNS prescribe any punishment?▼
No, the text of Section 37(2) itself does not prescribe a punishment. It only states the limit on the right of private defence, namely that no more harm than necessary may be inflicted for defence. Punishment, if any, would depend on the other provision applied to the act.
Section 37 BNS: Sub-sections Explained
Section 37(1) BNS: Acts against which there is no right of private defence
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Bare Act 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.
Explained in Simple Words
Section 37 of the Bharatiya Nyaya Sanhita (BNS) sets out the acts against which there is no right of private defence and limits the harm that may be caused in exercising that right. Under Section 37(1) BNS, a person has no right of private defence against an act done or attempted by a public servant acting in good faith under colour of office, or by the direction of such a public servant, if the act does not reasonably cause the apprehension of death or of grievous hurt, even though the act or direction may not be strictly justifiable by law. There is also no right of private defence where there is time to have recourse to the protection of the public authorities.
Under Section 37(2) BNS, the right of private defence in no case extends to inflicting more harm than it is necessary to inflict for the purpose of defence. The two explanations protect a person who does not know, and has no reason to believe, that the doer is a public servant or is acting by a public servant's direction, unless authority is stated or written authority is produced when demanded. Section 37 BNS is a general exception provision and prescribes no punishment.
Key Ingredients
- 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
Punishment
🔒 None. Section 37 BNS creates no offence.
💰 None.
Section 37 BNS is a General Exception. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- The act reasonably causes the apprehension of death or of grievous hurt
- The public servant is not acting in good faith or under colour of office
- The person does not know, and has no reason to believe, that the doer is a public servant, or is acting by a public servant's direction
- There is no time to have recourse to the public authorities
Previous Law
IPC 99 → Section 37(1) BNS
Section 37(1) 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.
Section 37(2) BNS: Acts against which there is no right of private defence
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Bare Act Text
(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.
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.
Explained in Simple Words
Section 37(2) of the Bharatiya Nyaya Sanhita (BNS) sets a strict proportionality limit on the right of private defence. It applies to any person who is exercising the right of private defence against an unlawful act. Under this sub-section, the right of private defence in no case extends to inflicting more harm than it is necessary to inflict for the purpose of defence.
While Section 37(1) BNS lists situations where no right of private defence arises at all, such as certain acts done in good faith by or under the direction of a public servant or cases where there is time to seek the protection of public authorities, Section 37(2) BNS governs how far a person may go when the right of private defence does exist. The defensive force used must be limited to what is needed for the purpose of defence.
Section 37(2) BNS does not prescribe any punishment of its own because it states a limit on the right of private defence. If a person inflicts more harm than is necessary for defence, that excess harm is not protected by this right.
Key Ingredients
- A person is exercising the right of private defence
- Harm is inflicted in the course of exercising that private defence
- The force used in private defence inflicted more harm than was necessary for the purpose of defence
Punishment
🔒 None prescribed by this sub-section.
💰 None prescribed by this sub-section.
Section 37(2) BNS limits the right of private defence to no more harm than is necessary for defence and prescribes no punishment of its own.
Real-World Example
When This Does Not Apply
- The force used caused no more harm than was necessary for the purpose of defence
- The defensive act stopped as soon as the threat ended and did not inflict excessive harm
- No right of private defence existed at all because the case fell under Section 37(1) BNS
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·