Changing Dynamics Of Right Of Private Defence Under Bhartiya Nyaya Sanhita, 2023: A Critical And Comparative Analysis With Judicial Interpretation
- IJLLR Journal
- 7 hours ago
- 1 min read
Nitish Kumar Mishra, C.M.P. Degree College Prayagraj Uttar Pradesh
ABSTRACT
The enactment of the Bhartiya Nyaya Sanhita, 2023 (BNS), replacing the Indian Penal Code, 1860 (IPC), marks a transformative shift in India's criminal justice architecture. Among the provisions undergoing legislative revision, the right of private defence occupies a uniquely contested space, straddling the tension between the individual's instinct for self- preservation and the state's monopoly over legitimate force. This project undertakes a critical and comparative analysis of the right of private defence as re- envisaged under the BNS 2023, examining its structural modifications vis-à- vis the IPC framework and assessing how Indian courts have interpreted and applied this right over decades. The study traces the philosophical, common law, and constitutional underpinnings of the doctrine, surveys landmark Supreme Court and High Court decisions that shaped the contours of "reasonable apprehension," proportionality, and the duty to retreat, and evaluates whether the BNS provisions represent a meaningful advancement or a mere legislative recodification. The research finds that while the BNS largely retains the substantive essence of the IPC provisions, subtle changes in language and structure carry significant implications for judicial interpretation. The project concludes with suggestions for clearer legislative articulation to align the right of private defence with contemporary human rights standards and empirical realities of crime.
Keywords: Right of Private Defence, Bhartiya Nyaya Sanhita 2023, Indian Penal Code 1860, Judicial Interpretation, Proportionality, Reasonable Apprehension, Self-Defence, Criminal Law Reform, IPC vs BNS, Grievous Hurt
