BNS Section 34: Legal Protection for Actions Taken in Private Defense

Amit Kapoor04 mins

Nothing is an offence which is done in the exercise of the right of private defence.

Example:
An armed burglar enters Vijay’s house to steal. Vijay catches hold of the burglar, hits him and ties him to a chair. Here, Vijay has used reasonable force to stop the burglary and therefore his actions are lawful and not punishable. 

Key Points on BNS-34 (Private Defence and Exception to Criminal Liability)

BNS-34 focuses on the concept of private defence, providing an exception to criminal liability for acts done in self-defence or in defence of others.

1. Private Defence

  • The section establishes that any act done in the exercise of the right of private defence is not an offence. This means that actions taken to defend oneself, others, or property are not crimes, as long as they fall within legitimate self-defence.

2. Right to Defend

  • Private defence allows a person to protect their body, property, or another person from harm or danger by using reasonable force.
  • The force used must be proportional to the threat faced—essentially, the response should not exceed what is necessary to prevent harm.

3. No Criminal Liability

  • If someone acts in private defence, they are exempt from criminal prosecution. For example, if a person is attacked and uses force to defend themselves, their actions would not be considered a crime, as long as the force used is justified and reasonable under the circumstances.

4. Limitations on Private Defence

  • Although this section protects individuals acting in self-defence, there are some limitations:
    • Proportionality: The use of force must be appropriate for the threat. If someone uses excessive or unreasonable force, they could face legal consequences.
    • The act must be done in good faith, with the intent of defending oneself or others, not out of revenge or other motives.

5. Context of Application

  • BNS-34 applies in situations where there is an immediate danger or threat of harm, and the person has no other option but to act in defence to prevent injury, loss of life, or damage to property.

Purpose of BNS-34:

This section protects individuals who take necessary and reasonable actions to defend themselves or others from harm. It ensures that people are not penalized for acting in self-defence in dangerous situations, reinforcing the fundamental right of self-preservation.

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