IPC 97 vs BNS 97
● Retained in BNSRight of private defense of the body
Section 97 of the Indian Penal Code, 1860, defines the right of private defense of the body, allowing a person to protect himself or herself from imminent harm. This right is universal and fundamental, permitting necessary measures, including force, to prevent assault or injury.
Under IPC 97:
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Every individual has the right to defend their body,
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The act must be necessary and proportionate to the threat faced,
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The right arises only when there is imminent danger or a reasonable apprehension of injury.
For example, if a person is about to be physically attacked, they may use reasonable force to protect themselves. This right is not unlimited; the defense must be proportionate to the threat and must not exceed what is necessary to repel the attack.
IPC 97 establishes the legal foundation for self-defense, emphasizing the importance of protecting life and bodily integrity. It recognizes that individuals have the right to act in their own interest to prevent injury, while maintaining limits to prevent abuse of this privilege.
Thus, IPC 97 ensures that self-preservation is legally justified, forming a key principle in criminal law regarding protection against bodily harm.
Right of private defense of the body
Section 97 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 97, retaining the right of private defense of the body. It allows individuals to protect themselves from imminent bodily harm using necessary and proportionate measures.
Under BNS 97:
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The right applies to protecting one’s own body,
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Defensive actions must be proportionate and necessary to counter the threat,
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The right is triggered only by imminent danger or reasonable apprehension of harm.
For instance, repelling an attacker who threatens physical harm is justified under BNS 97, provided the force used is reasonable. Excessive force beyond what is necessary may attract liability.
By retaining IPC 97’s principles, BNS 97 ensures individuals can exercise self-defense while respecting the boundaries of proportionality and necessity. This section provides clarity and legal support for personal safety, balancing the right to defend oneself with the need to prevent abuse of force.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 97 to BNS BNS 97.