Bharatiya Nyaya Sanhita, 2023 · Chapter III: General Exceptions · Of right of private defence
Section 37: Acts against which there is no right of private defence
In plain words
This section sets the limits on private defence.
- There is no right of private defence against a public servant acting in good faith in their official role (or someone acting on their direction), unless the act reasonably causes fear of death or grievous hurt.
- There is no right of private defence when there is time to seek help from the authorities.
- You may never cause more harm than is necessary for defence.
- The public servant rule applies only if you know, or have reason to believe, that the person is a public servant or is acting on one's direction.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official 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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this section
Section 37 carries forward section 99 of the IPC, now set out as clauses: no right of private defence against a public servant acting in good faith under colour of office (or on their direction) unless death or grievous hurt is reasonably feared, none where there is time to seek the authorities' protection, and never more harm than necessary.
Key points
- Sub-section (1) states the three situations where the right does not arise.
- Sub-section (2) is the proportionality limit.
- Proportionality is judged practically, from the accused's position at the time, not in golden scales.
- The explanations on knowledge of the public servant's status are unchanged.
Key Supreme Court rulings
Wassan Singh v. State of Punjab 1995 INSC 795
Decided under the IPC. The reasonableness of the apprehension is judged from the accused's subjective point of view and not by microscopic and pedantic scrutiny.
Common mistakes
- Measuring the force used with hindsight.
Read with: Section 35 BNS, Section 38 BNS, Section 99 IPC
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the section 37
No Supreme Court judgment in our database cites this section yet.