BNS Section 34: Things Done In Private Defence

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 BNS Section 34

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.

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