Section 99

The Indian Penal Code's private defence provisions (Sections 96–106) balance an individual's right to protect themselves against the state's need to maintain order through its officials. Section 99 recognizes that public servants sometimes act beyond strict legal authority due to honest mistakes, misunderstanding, or excess of zeal—but if done in good faith, citizens should use legal remedies (complaints, courts) rather than resist physically, except in extreme situations threatening life or serious bodily harm. This prevents chaos where every citizen forcibly resists any perceived overreach by police or officials.

Indian courts have held that 'good faith' under this section requires the public servant to act with due care and honest belief in their authority, not merely claim official status. Courts have clarified that if the official's action is so excessive or clearly outside any colour of office (e.g., done maliciously or without any semblance of authority), Section 99's protection doesn't apply, and the right of private defence may revive. Judgments have also emphasized that mere illegality of an official act doesn't automatically permit private defence—the key test is whether the act reasonably causes fear of death or grievous hurt.

• Myth: Any illegal act by a police officer or public servant can be resisted with force.
  Fact: Section 99 says if the act is done in good faith and doesn't threaten death or grievous hurt, you cannot use private defence—even if the act turns out to be legally wrong.
• Myth: Good faith means the official was technically right.
  Fact: Good faith refers to honest intent and reasonable belief in authority, not actual legal correctness of the action.