सं Samvidhan

Bharatiya Nyaya Sanhita, 2023

Section 37

Acts against which there is no right of private defence

Why this exists

The right of private defence exists so people aren't left helpless when there's no time to seek police help. But this right could be misused to justify violence against lawful government action or excessive force. This provision (carried forward from Section 99 of the old Indian Penal Code) balances individual self-protection against the need to respect lawful state authority and prevent private defence from becoming an excuse for revenge or disproportionate harm.

How courts read it

Indian courts, interpreting the identical predecessor provision (IPC Section 99), have consistently held that the right of private defence is not a right to retaliate or take revenge but purely a right to repel imminent danger. Courts have emphasized that the force used must be proportionate to the threat, and have denied the defence where the accused had clear opportunity to seek police protection instead of acting alone. Judgments have also clarified that 'good faith' by a public servant is assessed objectively — reckless or clearly illegal acts by officials do not get this protection.

Common misconceptions
  • Myth: You can use force against any police officer if you think what they're doing is illegal.
    Fact: If the officer is acting in good faith under their official role, and the act doesn't threaten your life or cause serious injury, you cannot use private defence — you must seek a legal remedy instead.
  • Myth: Private defence lets you use any level of force you want to protect yourself.
    Fact: The law strictly limits force to what is necessary; using more force than needed removes the legal protection of private defence.
  • Myth: You can always claim self-defence if you were scared, regardless of circumstances.
    Fact: If you had time to seek police or authority help instead of acting alone, the right of private defence does not apply.