96 vs 34
The core legal right to defend body and property remains unchanged in the transition to BNS 34-44, preserving decades of judicial precedent.
What Changed?
Direct renumbering of the entire chapter on Private Defence.
No substantive changes to the conditions under which the right can be exercised.
Preservation of the Rule of Proportion and the limits against public servants.
Verdict
"Legal continuity ensuring that victims of crime can protect themselves without fear of prosecution when using reasonable force."
Detailed Analysis
96
Section Data Pending
34
Section Data Pending
Legal Implications
Practical Scenarios
"Using a stick to ward off an attacker (BNS 34)."
"Firing at a dacoit in a life-threatening situation (BNS 38, formerly IPC 100)."
Expert Q&A
Is there a right of private defence against the police?
Generally, no. Under both IPC 99 and BNS 37, there is no right of private defence against an act done by a public servant acting in good faith, unless it causes apprehension of death or grievous hurt.
When does the right of private defence extend to causing death?
Section 100 / BNS 37 lists six situations: reasonable apprehension of (1) death, (2) grievous hurt, (3) rape, (4) kidnapping/abduction, (5) acid attack (BNS addition), or (6) wrongful confinement from which release cannot be sought.
Can private defence be claimed against a police officer?
Generally no — Section 99 provides no right of private defence against a public servant acting in good faith in exercise of their powers. Even if a police action later proves technically illegal, if the officer acted in good faith under apparent authority, the private defence claim fails.
What is the proportionality requirement in private defence?
The harm caused in private defence must not be disproportionate to the harm threatened. A slap cannot justify shooting. Courts assess proportionality from the accused's perspective at the time, not with hindsight. Darshan Singh v. State of Punjab (2010) synthesised 10 governing principles.
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