BNS Section 34 - Things Done In Private Defence

BNS section 34 in the Bharatiya Nyaya Sanhita, 2023 (BNS), is a key part of individual liberty and protection in the Indian context. This short yet immensely important section states that "Nothing is an offense that is done in the exercise of the right of private defence." Effectively, it recognizes the instinctive nature of human beings to defend themselves or their property from unlawful interference and provides some legal justification for self-defensive actions. The purpose of this section is to acknowledge that in certain dangerous situations, people do not need to face criminal consequences for using proportionate force to prevent their unlawful intimidation. BNS section 34 directly mirrors and is a re-statement of the former Indian Penal Code section 96. It is important for every citizen to understand this essential right because it governs the realm of action when facing unlawful encroachment.

In this article, you will get to know about:

• Simplified Explanation of BNS Section 34.
• Key Details.
• Practical Examples Illustrating BNS Section 34.

Legal Provision

Section 34 of the BNS ‘Things done in private defence’ states:

Nothing is an offence which is done in the exercise of the right of private defence.

Simplified Explanation

In basic terms, BNS Section 34 states that if you act in private defence in response to someone causing you harm or trying to unlawfully take your property, you will not be guilty of any crime. This right to private defence is a natural right, and a right justified by law, that permits you to use necessary force to protect yourself, even if the force you use would otherwise be a crime.

Let's break down the critical components of this section:

• "Nothing is an offence": This is the core declaration. Any action taken within the legitimate exercise of the right of private defence is legally excused and will not be treated as a criminal offense.
• "which is done in the exercise of the right of private defence": This crucial phrase emphasizes that the exemption from being an offense is contingent upon the action being genuinely taken in the act of defending oneself or one's property. It implies that the force used must be necessary and proportionate to the threat faced.

In summary, BNS Section 34 provides people with the protection of the law if they find themselves in a position where they feel they must defend themselves or their property with the use of force against an illegal act of aggression. It acknowledges that the law does not expect people to take abuse when they have the opportunity to defend themselves. Nevertheless, this right is not without limitations or conditions imposed by the following sections of the BNS (which were formerly named Sections 97 to 106 of the IPC).

Key Details Of BNS Section 34

Practical Examples Illustrating BNS Section 34

To understand how BNS Section 34 operates in practice, consider the following scenarios:

1. Repelling an Assault: If someone physically attacks you without any lawful justification, and you use necessary force to defend yourself and prevent injury, your actions are protected under BNS Section 34. For instance, pushing away an attacker or blocking a punch would likely be considered an exercise of private defence.
2. Defending Against Theft: If someone tries to forcibly snatch your bag or wallet, and you use reasonable force to prevent them from doing so, your actions would fall under the ambit of BNS Section 34, as you are defending your property against theft.
3. Protecting Your Home from Trespass and Harm: If someone unlawfully enters your property with the intention of causing harm or committing an offense, and you use necessary force to prevent them from doing so, your actions in defending your property and yourself are protected.

Key Improvements And Changes: IPC Section 96 To BNS Section 34

BNS Section 34 is a verbatim reproduction of IPC Section 96. There are no substantive changes or improvements in the wording or the underlying legal principle. The BNS has simply renumbered the section.

The significance of this lies in the continued adherence to the long-established legal understanding of the fundamental right to private defence within the Indian criminal justice system. The legislature, in enacting the BNS, has chosen to retain this crucial principle without alteration, indicating its enduring importance in safeguarding individuals and their property against unlawful aggression. Therefore, the key "change" is merely the section number, transitioning from 96 in the IPC to 34 in the BNS.

The core legal principle and its interpretation remain consistent. The detailed provisions governing the extent and limitations of this right, previously found in Sections 97 to 106 of the IPC, are now correspondingly located in the BNS.

Conclusion

BNS Section 34, directly echoing IPC Section 96, enshrines the fundamental right of private defence in the Bharatiya Nyaya Sanhita. This provision recognizes the inherent human instinct and the legal entitlement of individuals to protect themselves and their property from unlawful harm. By stating unequivocally that actions taken in the legitimate exercise of this right are not offenses, Section 34 provides a crucial legal shield for those facing imminent danger. However, this right is not absolute and is carefully balanced by the principles of necessity and proportionality, as elaborated in the subsequent sections of the BNS. The unchanged retention of this core principle underscores its enduring importance in ensuring individual safety and the fair application of criminal law in situations of self-preservation.

FAQs

A few FAQs are:

Q1 - Why was IPC Section 96 revised and replaced with BNS Section 34?

IPC Section 96 was not specifically revised. The entire Indian Penal Code was replaced by the Bharatiya Nyaya Sanhita, 2023, as part of a comprehensive reform of India's criminal laws. BNS Section 34 is the corresponding provision that re-enacts the fundamental principle that actions taken in the exercise of the right of private defence are not offenses. The wording remains identical to IPC Section 96; the only change is the section number.

Q2 - What are the main differences between IPC Section 96 and BNS Section 34?

There are no substantive differences between IPC Section 96 and BNS Section 34. The text and the legal principle conveyed are exactly the same. The sole difference is the change in the section number within the new Bharatiya Nyaya Sanhita.

Q3 - Is BNS Section 34 a bailable or non-bailable offense?

BNS Section 34 does not define an offense itself. Instead, it provides a justification for actions that might otherwise be considered offenses. Therefore, the concept of bailable or non-bailable is not directly applicable to BNS Section 34. If an action is deemed to have exceeded the legitimate exercise of private defence and constitutes an offense under other sections of the BNS, the bailability of that underlying offense would be determined by the relevant section.

Q4 - What is the punishment for an offence under BNS Section 34?

BNS Section 34 does not prescribe a punishment because it clarifies situations where an act done in private defence is not an offense. If the actions taken are found to be outside the scope of private defence and constitute an offense under other sections of the BNS, the punishment would be as prescribed in those relevant sections.

Q5 - What is the fine imposed under BNS Section 34?

Similar to the punishment, BNS Section 34 itself does not impose a fine. Any fine would be associated with the specific offense committed by the act if it is found to be outside the scope of private defence and falls under other punishable sections of the BNS.

Q6 - Is the offense under BNS Section 34 cognizable or non-cognizable?

Again, BNS Section 34 does not define an offense. The cognizable or non-cognizable nature of an act would depend on whether that act, when not considered to be in private defence, constitutes a cognizable or non-cognizable offense under other sections of the BNS.

Q7 - What is the BNS Section 34 equivalent of IPC Section 96?

The BNS Section 34 equivalent of IPC Section 96 is BNS Section 34 itself. It directly replaces and re-enacts the same fundamental principle concerning actions done in the exercise of the right of private defence, with no changes to the text.