Code: Section 34 BNS
Section 34 BNS: Nothing is an offence which is done in the exercise of the right of private defence.
Explanation of Section 34 BNS
Section 34 of the Bharatiya Nyaya Sanhita (BNS) establishes the right to private defence, stating that any act done in self-defence or in defence of others is not an offence. This section provides legal protection to individuals who act to prevent harm to themselves or their property.
Key Provisions of Section 34 BNS
- Absolute Right to Private Defence
- If a person acts to protect themselves or others from harm, such an act is not considered an offence.
- Scope of Private Defence
- Defence applies to both bodily harm and property protection.
- Includes situations where a person prevents an unlawful attack.
- Limitations of Private Defence
- Force used must be proportional to the threat faced.
- The right to private defence cannot justify excessive or aggressive force.
- No Legal Consequences for Genuine Self-Defence
- If a person reasonably believes they are in danger and acts accordingly, they are protected under this law.
Illustrations
Example 1: Self-Defence Against an Attacker
A person is walking home late at night when an armed robber attacks them. The person fights back in self-defence and injures the robber. Since the act was necessary for personal safety, Section 34 BNS applies, and no offence is committed.
Example 2: Protecting Property from Theft
A shopkeeper finds a thief breaking into his store and uses reasonable force to stop him. Since the act was done to protect property, it falls under private defence.
Example 3: Defending a Third Person
A man sees a woman being assaulted in a public place. He intervenes and uses necessary force to stop the attacker. His actions are justified under Section 34 BNS.
Example 4: Proportional Force Limitation
If someone kills an unarmed thief who was only stealing a wallet, the act exceeds the right to private defence and may be punishable.
Common Questions and Answers on Section 34 BNS
1. What is private defence under Section 34 BNS?
Private defence refers to the right to protect oneself, others, or property from unlawful attacks without facing legal consequences.
2. Does Section 34 BNS allow killing in self-defence?
Yes, but only when absolutely necessary. If there is a genuine threat to life, lethal force may be justified.
3. Can private defence be claimed in property disputes?
Yes, but only if an unlawful attack on property occurs. Simply stopping someone from trespassing does not justify excessive force.
4. Is preemptive self-defence allowed?
No, the law only protects defence against an ongoing or imminent attack. Anticipatory violence is not covered.
5. How does the court determine if private defence is valid?
Courts consider:
- Nature of the threat
- Proportionality of response
- Whether retreat was possible
Conclusion
Section 34 BNS is a crucial legal provision ensuring self-protection rights while preventing misuse of force. It allows individuals to defend themselves, others, and their property, provided the force used is reasonable and necessary.
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