Laws of Self-Defense in India: Understanding IPC Sections 96 to 106/ BNS Sections 34 to 44

Do You Know Your Right to Protect Yourself?

Every Indian citizen has the legal right to defend themselves. However, how far can you go to keep your property or yourself safe? What happens if someone physically assaults you or breaks into your home? To what degree are you able to retaliate? Sections 96 to 106 of the Indian Penal Code (IPC) and Sections 34 to 44 of the Bharatiya Nyaya Sanhita 2023, which provide the foundation for India’s legislation pertaining to self-defense, are thoroughly examined in this blog. Let’s examine what behaviors are appropriate, when self-defense is permitted, and where the line is drawn by the law.

IPC Section 96/BNS Section 34: Acts Done in Self-Defense Are Not Offenses

Key takeaway: If you act in genuine self-defense, the law does not treat your actions as crimes.

Section 96/ Section 34 of BNS 2023 states that nothing is an offense which is done in the exercise of the right of private defense. However, this right is not absolute—it must be used reasonably, and the threat must be real and immediate.

IPC Section 97/ BNS Section 35: Right to Defend Life and Property

You can defend yourself and your possessions.

This section grants every person the right to defend:

• Their own body, or the body of another person.
• Their own property (movable or immovable), or the property of someone else.

Exceptions: You cannot use this right against:

• Lawful acts of public servants.
• Situations where there is no immediate threat.
• Cases where harm caused is disproportionate to the threat.

IPC Section 98/BNS Section 36: Defense Against Mentally Ill or Intoxicated Persons

The law protects your right to self-defense—even if the attacker is insane or drunk.

Just because an attacker is of unsound mind, a child, or intoxicated does not mean you lose your right to defend yourself. Section 98/ BNS Section 36 allows you to act in defense as if the person were sane and aware of their actions.

IPC Section 99/BNS Section 37: Situations Where Private Defense Is Not Permitted

Know when self-defense becomes unlawful.

This section sets the boundaries:

• You cannot claim self-defense against lawful acts of a public servant.
• You cannot use excessive force—disproportionate response is not protected.
• When there is time to seek help from public authorities, the right to private defense may not apply.

IPC Section 100/BNS Section 38: When You Can Cause Death in Self-Defense

This is the most critical self-defense law in India.

You can cause death in self-defense if:

• There is a threat of death or grievous injury.
• There’s an attempt of rape, unnatural lust, or abduction.
• The attacker tries wrongful confinement or kidnapping.

This section makes it legal to kill the aggressor if the threat is severe and fits any of these conditions.

IPC Section 101/BNS Section 39: Causing Harm Without Causing Death

If the situation doesn’t meet the criteria under Section 100, you can still cause non-lethal harm to defend yourself. For example, if someone slaps you or tries to snatch your phone, you can push them away or restrain them, but not cause death.

IPC Section 102/BNS Section 40: When the Right to Defend the Body Begins and Ends

Timing matters in self-defense.

You can act in self-defense as soon as you face a reasonable threat, and your right continues until the threat is over. Once the threat ends, your right to use force ends too.

IPC Section 103/BNS Section 41: Right to Kill in Defense of Property

Yes, you can kill in defense of property—but only in extreme cases.

This section permits causing death if someone is:

• Committing robbery.
• House-breaking at night.
• Attempting arson on an occupied home.
• Committing mischief with explosives or fire.

IPC Section 104/BNS Section 42: Causing Harm (Not Death) for Property Protection

If the threat to your property doesn’t meet the severity required in Section 103/BNS Section 41, you still have the right to inflict injury, but not to kill. For instance, you can beat back a thief trying to run away with your belongings, but killing them would not be legally justified.

IPC Section 105/BNS Section 43: When the Right to Protect Property Begins and Ends

This section outlines the start and end of your defensive rights related to property.

You may begin defending property:

• When there is a real attempt of theft, mischief, or criminal trespass.
• The right continues as long as the threat continues.

Once the intruder flees or the threat ceases, the law no longer supports using force.

IPC Section 106/BNS Section 44: Right of Private Defense Against Deadly Assaults in Crowds

This section provides relief in tough situations, such as a mob attack, where your own life is at risk, and there’s no escape route. Even if your actions might accidentally hurt others (not the attacker), you won’t be held liable as long as your intention was to save your own life.

Real-Life Example: When Self-Defense Was Justified

Imagine someone breaks into your home at night with a weapon. You believe your life is in danger. You hit the attacker with a heavy object, resulting in their death. If the facts align with Section 100/ BNS Section 38 conditions, the law may recognize it as a justified act of self-defense—not murder.

Things to Keep in Mind

• Self-defense is a shield, not a weapon. You must not act with vengeance or malice.
• Proportionality is key. You can’t respond to a slap with a fatal blow.
• Always report the incident to the police immediately after acting in self-defense.

Conclusion: 

The Indian Penal Code (Sections 96–106)/Bhartiya Nyaya Sanhita 2023( Sections 34-44) gives you the right to protect yourself and your property, but within reasonable legal limits. Knowing these rights can empower you to act wisely during a crisis and stay within the boundaries of the law.

If you’re ever in a situation involving self-defense, it’s best to consult a criminal lawyer immediately to avoid legal pitfalls.

One can talk to lawyers from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.

FAQs 

1. Can I kill someone in self-defense in India?

Yes, but only in extreme cases listed under Section 100 IPC/ Section 38 BNS—like threats to life, rape attempts, or kidnapping.

2. Can I use force if someone is just shouting threats?

No. The threat must be real and imminent, not just verbal abuse.

3. Is it legal to carry a weapon for self-defense in India?

Only with a valid license. Unlicensed weapons are illegal.

4. Can I defend someone else who’s being attacked?

Yes. IPC allows you to protect others too—not just yourself.

5. What if I attack after the threat is over?

Your right ends as soon as the threat ends. Any action after that may be a punishable offense.