Sections 34–44 of the BNS codify the right of private defence — a complete defence that, if established, results in full acquittal.
Body Defence (Section 34)
The right extends to causing death when there is reasonable apprehension of:
- Death or grievous hurt
- Rape, kidnapping, abduction, or wrongful confinement
- Acid attack
Property Defence (Section 39)
The right extends to causing death only for:
- Robbery
- House-breaking by night
- Mischief by fire on any building
- Theft under circumstances causing reasonable apprehension of death
Key Limits
- The threat must be imminent and real — not imagined
- More harm than necessary cannot be inflicted
- The right does not exist against a public servant acting in good faith
- There must be no time to seek protection from public authorities
The right of private defence is a right of defence, not of retribution or punishment.