IPC 105 vs BNS 105
● Retained in BNSRight of private defense against assault with intention to commit murder
Section 105 of the Indian Penal Code, 1860, defines the right of private defense against an assault intended to commit murder. It provides individuals the legal authority to use necessary and proportionate force, including lethal force, to prevent imminent death or grievous injury.
Under IPC 105:
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The right applies when a person reasonably apprehends that an assault may lead to death or grievous harm,
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Defensive actions must be necessary, proportionate, and immediate,
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The law permits protecting oneself or others even if it results in harm to the aggressor, provided the action is justified.
For example, if an assailant attacks with a deadly weapon intending to kill, the victim may use lethal force to defend themselves. However, if lesser means can prevent death or grievous injury, excessive force may not be justified.
IPC 105 emphasizes self-preservation, necessity, and proportionality, ensuring that individuals can legally protect life in extreme circumstances while maintaining accountability for the force used. This section forms a key part of the law governing the limits and scope of private defense against murder.
Right of private defense against assault with intention to commit murder
Section 105 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 105, retaining the principle that individuals have the right to defend themselves or others from an assault intended to commit murder.
Under BNS 105:
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The right applies when there is a reasonable apprehension of death or grievous injury,
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Defensive actions must be necessary, immediate, and proportionate,
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Causing harm to the aggressor is justified only when necessary to prevent death or grievous injury.
For instance, repelling an attack by a person wielding a deadly weapon with lethal force is protected under BNS 105. Excessive or unnecessary force beyond what is required to prevent death is not legally justified.
By retaining IPC 105’s principles, BNS 105 ensures legal clarity for extreme self-defense situations, emphasizing necessity, proportionality, and immediacy while safeguarding human life and protecting individuals from criminal liability when defending themselves or others.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 105 to BNS BNS 105.