Indian criminal law | Updated 28 October 2026

IPC Section 96 and BNS Section 34: Things Done in Private Defence

The right of private defence protects lawful defensive action taken to protect oneself, another person or property. Section 96 of the Indian Penal Code, 1860 states the basic principle; Section 34 of the Bharatiya Nyaya Sanhita, 2023 carries it forward under the new criminal law framework.

Text of IPC Section 96 and BNS Section 34

Both provisions state:

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

This is a general exception: conduct that would otherwise amount to an offence may be legally justified when it falls within the recognised right of private defence. The provision must be read with the adjoining sections defining the scope and restrictions of that right.

Meaning of the right of private defence

Private defence means taking necessary defensive action against an unlawful threat to the body or property, within the limits prescribed by law. It is a protective right, not a licence for revenge, retaliation or punishment after danger has passed.

Defence of body and property

BNS Section 35 (corresponding to IPC Section 97) permits a person, subject to the restrictions in BNS Section 37, to defend:

• His or her own body or the body of another person against an offence affecting the human body.
• Movable or immovable property belonging to oneself or another against theft, robbery, mischief, criminal trespass or attempts to commit those offences.

Conditions and limits of private defence

• Reasonable apprehension: A genuine, reasonable apprehension of danger may be enough; a defender need not invariably wait to be injured.
• Necessary force: The harm inflicted must not exceed what is necessary for defence, assessed in the circumstances rather than with mathematical precision.
• No revenge: The right is defensive and generally ends when the reasonable apprehension of danger ends.
• Public authorities: BNS Section 37 contains restrictions concerning certain acts of public servants and situations where there is time to seek protection from public authorities.
• Causing death: Deadly defensive force is justified only in the circumstances specifically recognised by law, including BNS Sections 38 and 41, as applicable.

Practical illustrations

Protecting oneself from an attack

If a person faces an immediate unlawful assault and uses necessary force to stop it, the circumstances may support private defence. Whether the force was justified depends on the threat and the entire sequence of events.

Protecting another person

A bystander who intervenes with necessary force to protect someone from an unlawful attack may invoke the right of private defence of the body of another.

When the threat has ended

If an attacker retreats and the danger has ceased, pursuing and assaulting that person ordinarily cannot be justified merely as private defence.

IPC Section 96 compared with BNS Section 34

Judicial interpretation

In Darshan Singh v. State of Punjab (2010) 2 SCC 333, the Supreme Court explained that private defence is assessed realistically in light of reasonable apprehension and the circumstances of an attack. The person defending need not calculate each defensive step with exact precision, but the statutory limits still apply. This decision interpreted the IPC provisions; its principles remain relevant to substantially corresponding BNS provisions.

Official statutory sources

For the current legislative text and correspondence between provisions, consult the National Crime Records Bureau BNS section text and the Bureau of Police Research and Development IPC-BNS comparison (PDF). The India Code portal provides central legislation and related statutory records.

Frequently asked questions

What is the new BNS section for IPC Section 96?

Section 34 of the Bharatiya Nyaya Sanhita, 2023 corresponds to IPC Section 96.

Is self-defence always lawful?

No. The defence applies only when the circumstances and the degree of force satisfy the relevant statutory requirements.

Can a person defend somebody else's property?

Yes. BNS Section 35 expressly recognises private defence of another person's property, subject to the legal limits.

Can private defence be used after an attack ends?

Not merely to retaliate. The right depends on a continuing reasonable apprehension of danger.

Legal note: The application of private defence depends on the facts, evidence and relevant law. This article is general legal information, not a substitute for advice on a particular case.