Section 37 Of The Bharatiya Nyaya Sanhita, 2023

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Searching for Section 37 of The Bharatiya Nyaya Sanhita, 2023 it also know as Section 37 of BNS Act 2023.

Section 37 of the Bharatiya Nyaya Sanhita (BNS) talks about “Acts against which there is no right of private defence.

Section 37 Of The Bharatiya Nyaya Sanhita, 2023

(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 1.—A person is not deprived of the right of private defence against an act
done, or attempted to be done, by a public servant, as such, unless he knows or has reason
to believe, that the person doing the act is such public servant.

Explanation 2.—A person is not deprived of the right of private defence against an act
done, or attempted to be done, by the direction of a public servant, unless he knows, or has
reason to believe, that the person doing the act is acting by such direction, or unless such
person states the authority under which he acts, or if he has authority in writing, unless he
produces such authority, if demanded.

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