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

Indian Penal Code, 1860

Section 99 IPC at a Glance

Section 99 IPC deals with acts against which there is no right of private defence. From 1 July 2024 it is replaced by Section 37 BNS.

Punishment

None. Section 99 IPC creates no offence.

BNS Equivalent

Section 37 →

Section 99 IPC Bare Act Text

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.

Source: Section 99, Indian Penal Code, 1860

Section 99 IPC in Simple Words

Section 99 of the Indian Penal Code (IPC) lists where the right of private defence does not exist.

There is no right against a public servant acting in good faith under colour of office, or against an act done by a public servant's direction, unless the act reasonably causes the apprehension of death or grievous hurt.

There is none where there is time to go to the public authorities, and the right never extends to more harm than is necessary.

Ingredients of Section 99 IPC

  • 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 Under Section 99 IPC

Imprisonment

None. Section 99 IPC creates no offence.

Fine

None.

Section 99 IPC is a General Exception. It has no entry in the First Schedule to the CrPC.

Example of Section 99 IPC

In 2015 in Vadodara, a municipal tax inspector in uniform, acting in good faith under colour of his office, attempted to seize a brass weighing scale from Dinesh's grain shop under an attachment order that contained a clerical error and was not strictly justifiable by law. Dinesh knew the official was a public servant, faced no threat of death or grievous hurt, and had ample time to appeal to the municipal authorities, yet he shoved the inspector out of the shop. Dinesh had no right of private defence because of Section 99 IPC.

When Section 99 IPC Does Not Apply

  • The act of the public servant reasonably causes the defender to apprehend death or grievous hurt.
  • The public servant is not acting in good faith under colour of office.
  • The defender neither knows nor has reason to believe that the actor is a public servant or is acting by the direction of a public servant.
  • The person acting under a public servant's direction neither states his authority nor produces his written authority when demanded.
  • The danger is so immediate that there is no time to seek help from the public authorities, and the defender inflicts no more harm than is necessary.

Section 99 IPC in the BNS

Section 99 IPC is now covered under Section 37 BNS.

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.

View detailed comparison (IPC 99 vs BNS 37) →

FAQs on Section 99 IPC

What does Section 99 IPC say?▼

That there is no right of private defence against certain acts of public servants acting in good faith, or where there is time to go to the public authorities, and that the right never extends to more harm than necessary.

Can I resist a police officer under Section 99 IPC?▼

Not if the officer acts in good faith under colour of office and the act does not reasonably cause the apprehension of death or grievous hurt, even if the act is not strictly justifiable by law.

Under Section 99 IPC, must I know the person is a public servant?▼

Yes. Under the explanations, the right is not lost unless the person knows or has reason to believe that the doer is a public servant, or acts by such direction.

Is Section 99 IPC an offence?▼

No. It creates no offence. It is a General Exception that sets the limits of private defence.

What is the BNS equivalent of Section 99 IPC?▼

Section 37 BNS, which sets the rules out as subsections 1 and 2.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·