BNS Section 34: Things Done In Private Defence

Section 34 BNS is part of CHAPTER 3 GENERAL EXEMPTIONS in Bharatiya Nyaya Sanhita 2023 Act. This section recognises the right of individuals to protect themselves or others from imminent harm. It outlines the conditions under which actions taken in private defence are justified and not considered offences, ensuring that reasonable force used to prevent harm or defend against unlawful aggression is legally protected. This provision is crucial in maintaining a balance between personal safety and the rule of law.

Definition of Section 34 of BNS

Section 34 of BNS 2023 States: Nothing is an offence which is done in the exercise of the right of private defence.

Explanation and Illustration of Section 34 (Bharatiya Nyaya Sanhita, 2023)

This section allows for self-defence actions that are proportional to the threat, ensuring legal protection when individuals are defending themselves from imminent harm but discouraging excessive retaliation.

Example:

Suppose Person A is walking home at night when Person B suddenly tries to rob them at knifepoint. In a moment of danger, Person A grabs a nearby stick and uses it to strike Person B, thereby disarming and incapacitating them long enough to escape.

Explanation:

In this scenario, Person A's actions are protected under Section 34 of the Bharatiya Nyay Sanhita, 2023, as they were exercising their right of private defence. Person A used force to defend themselves from an imminent threat of harm or danger (robbery at knifepoint). The act of striking Person B was necessary and proportionate to the threat faced.

However, if Person A had continued to strike Person B even after the threat had subsided (for instance, after Person B had dropped the knife and no longer posed a risk), their actions could potentially exceed what is considered reasonable self-defence and might no longer fall under the protection of Section 34.

Disclaimer

The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.

Key points of BNS - 34

Section 34 of the Bharatiya Nyay Sanhita, 2023, grants legal protection for actions taken in the exercise of the right of private defence. It ensures that individuals are not penalised for using reasonable force to protect themselves, others, or their property from imminent harm or danger.

Private Defence

This section establishes that acts done in the exercise of the right to private defence are not considered offences. Actions taken to protect oneself, others, or property are lawful if they fall within the boundaries of legitimate self-defence.

Right to Defend

Private defence grants a legal right to protect one’s body, property, or another person from harm by using reasonable force

The force used must be proportional to the threat and limited to what is necessary to prevent harm.

Exemption from Criminal Liability

A person acting in private defence is not subject to criminal prosecution

For instance, if someone is attacked and uses force to protect themselves, their actions are not considered an offence, provided the force was reasonable and necessary under the circumstances

Limitations on Private Defence

The protection under this section is not absolute.

Force used must be proportionate to the threat; excessive or unreasonable force can lead to legal consequences.

The act must be carried out in good faith, with the intent to defend, not out of revenge or malice.

Context of Application

BNS-34 applies in situations of immediate danger where there is no alternative but to act in defence to prevent injury, loss of life, or property damage.

Self-defence: If someone attempts to harm you, you may protect yourself without committing a crime. You can rescue others from possible harm if you find him or her in danger without committing a crime

Protecting your property: That means if someone is attempting to steal or destroy your belongings, you can stop him or her without committing a crime

Only stop the threat with the force necessary: Act when immediate danger exists. You can only use self-defence if the danger is happening right now.

Differences Between Section 34 of BNS 2023 and its Equivalent IPC Section

This section outlines the key differences between Section 34 of the Bharatiya Nyaya Sanhita (BNS) 2024 and its equivalent Indian Penal Code (IPC Section 96), focusing on their distinct approaches to definitions, interpretations, and legal principles within the framework of criminal law.

BNS Sections/ Subsections	Subject	IPC Sections	Summary of comparison
34	Things done in private defence.	96	No change

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FAQs about Section 34 of the Bharatiya Nyaya Sanhita (BNS)

Can common intention develop spontaneously under Section 34?

Yes, common intention can develop on the spot if the circumstances show a shared understanding to commit the act.

Does Section 34 apply to all crimes?

Section 34 applies to any criminal act committed jointly, provided there is evidence of a shared intention among the participants.

How is liability divided under Section 34?

All individuals with a common intention are equally liable for the entire criminal act, regardless of their specific roles.

What happens if one participant in a group deviates from the common intention?

Liability under Section 34 applies only to acts committed as part of the shared intention. Deviations are individually assessed.

Is circumstantial evidence sufficient to establish common intention?

Yes, circumstantial evidence, such as behaviour, planning, or actions, can be used to infer common intention.

Does BNS Section 34 cover the protection of property?

Yes, BNS Section 34 allows for actions taken in good faith to protect property, provided such actions are lawful and proportionate.

Can I legally protect someone else under this section?

Yes, you can protect another person's property under this section if the actions are justifiable and taken in good faith to prevent harm or loss.