Question 1

Is there a right of private defence against the police?

Accepted Answer

Generally, no. Under both IPC 99 and BNS 37, there is no right of private defence against an act done by a public servant acting in good faith, unless it causes apprehension of death or grievous hurt.

Question 2

When does the right of private defence extend to causing death?

Accepted Answer

Section 100 / BNS 37 lists six situations: reasonable apprehension of (1) death, (2) grievous hurt, (3) rape, (4) kidnapping/abduction, (5) acid attack (BNS addition), or (6) wrongful confinement from which release cannot be sought.

Question 3

Can private defence be claimed against a police officer?

Accepted Answer

Generally no — Section 99 provides no right of private defence against a public servant acting in good faith in exercise of their powers. Even if a police action later proves technically illegal, if the officer acted in good faith under apparent authority, the private defence claim fails.

Question 4

What is the proportionality requirement in private defence?

Accepted Answer

The harm caused in private defence must not be disproportionate to the harm threatened. A slap cannot justify shooting. Courts assess proportionality from the accused's perspective at the time, not with hindsight. Darshan Singh v. State of Punjab (2010) synthesised 10 governing principles.

Right of Private Defence: IPC 96-106 vs BNS 34-44

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