IPC 107 vs BNS 107
● Retained in BNSRight of private defense against assault causing hurt
Section 107 of the Indian Penal Code, 1860, defines the right of private defense against an assault causing hurt. This section allows an individual to protect themselves or others from physical harm using reasonable and proportionate force, ensuring personal safety while maintaining legal accountability.
Under IPC 107:
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The right applies when an individual faces assault that may cause bodily hurt,
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Defensive measures must be necessary, immediate, and proportionate,
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Actions are legally justified only when they aim to repel the assault or prevent further harm.
For example, if a person is attacked with a stick or fist, they may use proportionate force to defend themselves. The law ensures that defensive actions do not exceed what is reasonably required, maintaining a balance between self-protection and legal responsibility.
IPC 107 emphasizes necessity, proportionality, and immediacy, providing legal protection for individuals acting to prevent bodily harm. It forms part of the broader framework of private defense, ensuring that individuals can safeguard themselves without committing offenses in the process.
Right of private defense against assault causing hurt
Section 107 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 107, retaining the principle that individuals have the right to defend themselves or others from an assault causing hurt.
Under BNS 107:
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The right applies when facing assault capable of causing bodily harm,
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Defensive actions must be immediate, necessary, and proportionate,
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Actions are legally justified only when they aim to repel the attack or prevent further injury.
For instance, defending oneself from an attacker using a stick or fist with proportionate force is protected under BNS 107. Any excessive force beyond what is necessary to repel the attack is not legally justified.
By retaining IPC 107’s principles, BNS 107 ensures legal clarity for self-defense in cases of bodily hurt, emphasizing necessity, proportionality, and immediate action, while safeguarding individuals from criminal liability when protecting 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 107 to BNS BNS 107.