IPC §99BNS §37

Acts against which there is no right of private defence. Extent to which the right may be exercised

Substantively sameConfidence: mediumStatus: cross checked
Last updated 2026-05-01 · Input coverage: full

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Comparison

Old law
IPC §99
Acts against which there is no right of private defence. Extent to which the right may be exercised

99. Acts against which there is no right of private defence.—There is no right of private defence 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. There is no right of private defence 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. There is no right of private defence in cases in which there is time to have recourse to protection of the public authorities. Extent to which the right may be exercised.—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.

New law
BNS §37
Acts against which there is no right of private defence

(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.

What changedAI-inferred

IPC 99 and BNS 37 carry the same rule character-identically (no right of private defence in three categories of public-servant acts; necessity/proportionality limit). Structural reorganisation into sub-clauses (1) and (2); both Explanations preserved.

Old position

IPC 99 is concerned with Acts against which there is no right of private defence. Extent to which the right may be exercised. Acts against which there is no right of private defence

New position

BNS 37 preserves the framework with drafting modernisations as required by the new code. Topic: Acts against which there is no right of private defence. There is no right of private defence,

IPC 99 and BNS 37 carry the same rule character-identically (no right of private defence in three categories of public-servant acts; necessity/proportionality limit). Structural reorganisation into sub-clauses (1) and (2); both Explanations preserved.

Editorial deltaAI-indicated (source-linked)

IPC 99 and BNS 37 carry the same rule character-identically (no right of private defence in three categories of public-servant acts; necessity/proportionality limit). Structural reorganisation into sub-clauses (1) and (2); both Explanations preserved.

Transitional note (repeal & savings)

For matters initiated before 1 July 2024, IPC 99 continues to apply. For matters from that date forward, BNS 37 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.

Frequently asked

BNS 37 (Acts against which there is no right of private defence). The relationship is classified as substantively_same — see the change-note above for the textual delta.

Sources

Cite this page

Newlaws.in, IPC §99 → BNS §37 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/ipc/99.

Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01

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