BNS Section 37: Acts Against Which There Is No Right of Private Defence
Section 37 BNS is part of CHAPTER 3 GENERAL EXEMPTIONS in Bharatiya Nyaya Sanhita 2023 Act. It delineates the limitations on the right of private defence. It specifies certain acts against which individuals cannot claim the right of private defence, particularly when there is no imminent threat of harm or when the act in question is done lawfully by a public servant.
This provision aims to prevent misuse of the right of private defence, ensuring it is only exercised in genuine and necessary situations, maintaining the balance between self-protection and legal order.
Definition of Section 37 of BNS
Section 37 of BNS 2023 States: (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 and Illustration of Section 37 (Bharatiya Nyaya Sanhita, 2023)
Section 37 of the Bharatiya Nyaya Sanhita, 2023, clarifies the limitations on the right of private defence when the act is performed by a public servant or under their direction. However, this right remains intact unless the person is aware or has reason to believe that the individual executing the act is a public servant or acting under their authority.
Explanation 1.—A person is not denied the right to private defence against an act performed, or attempted to be performed, by a public servant in their official capacity, unless the person knows or has reason to believe that the individual carrying out the act is indeed a public servant.
Explanation 2.—A person is not denied the right to private defence against an act performed, or attempted to be performed, under the direction of a public servant, unless the person knows or has reason to believe that the act is being done under such direction. Alternatively, the person must either state the authority under which they are acting or, if they have written authority, produce it upon request.
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 for BNS -37
BNS-37 specifies limitations on the right of private defence to prevent misuse and ensure it is exercised within legal boundaries.
Differences Between Section 37 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 37 of the Bharatiya Nyaya Sanhita (BNS) 2023 and its equivalent Indian Penal Code (IPC Section 99), 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 |
|---|---|---|---|
| 37 | Act against which there is no right to private defence Extent to which the right may be exercised. | 99 | The IPC section is reframed into two subsections, and the first paragraph is reframed as sub-section 1 with clauses (a), (b), and (c). The second paragraph is reproduced as subsection (2) sans heading. |
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FAQs about Section 37 of the Bharatiya Nyaya Sanhita (BNS)
Who can issue arrest warrants under Section 37?
Judicial officers and Magistrates are authorised to issue arrest warrants under Section 37, but only after verifying that sufficient grounds exist for an arrest.
Can the police issue arrest warrants under Section 37?
No, the police cannot issue arrest warrants directly. They must request the Magistrate to issue the warrant, who will assess whether it is justified.
How does Section 37 affect the arrest process?
Section 37 ensures that the arrest process is not arbitrary. Judicial review is required before an arrest, and a warrant must be based on probable cause.
What is meant by ‘probable cause’ in Section 37?
Probable cause refers to reasonable grounds or evidence suggesting that the person to be arrested has committed a criminal offence, justifying the arrest.
Can a Magistrate refuse to issue an arrest warrant under Section 37?
Yes, a Magistrate can refuse to issue an arrest warrant if they determine that the arrest is not warranted based on the available evidence.
